Editing Contracts/Fundamental breach
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More recently, this law was successfully applied in two cases related to carriage of goods by sea and application of limitation clauses under the [[Hague-Visby Rules]]: ''[[Daewoo Heavy Industries Ltd. v. Klipriver Shipping Ltd.]]''<ref>Also, ''The Kapitan Petko Voivoda'' [2003] 2 Lloyd's Rep. 1</ref> and ''The Happy Ranger''<ref>[2002] 2 Lloyd's Rep. 357.</ref> | More recently, this law was successfully applied in two cases related to carriage of goods by sea and application of limitation clauses under the [[Hague-Visby Rules]]: ''[[Daewoo Heavy Industries Ltd. v. Klipriver Shipping Ltd.]]''<ref>Also, ''The Kapitan Petko Voivoda'' [2003] 2 Lloyd's Rep. 1</ref> and ''The Happy Ranger''<ref>[2002] 2 Lloyd's Rep. 357.</ref> | ||
Although the ''Suisse Atlantique'' case has taken the sting out of the fundamental breach idea, in deviation | Although the ''Suisse Atlantique'' case has taken the sting out of the fundamental breach idea, in deviation proper little has changed;''Glynn v Margetson'' still holds sway, so that not only may deviating carriers be denied the protection of exemption clauses expressly in the contract, they will also be denied the protection of implicit exemptions such as Article IV of the [[Hague-Visby Rules]]. However, given the general move in the [[common law]] away from [[strict liability]] to a standard of "[[reasonable care]]" (or "[[due diligence]]"),<ref>''viz'' ''[[Re Polemis]]'' & ''[[Donoghue v Stevenson]]''</ref><ref>''viz'' ''[[The Glenfruin]]'' (1885) 10 PD 103 & ''[[McFadden v Blue Star Line]]'' [1905] 1 KB 697</ref> this may change in due course. | ||
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