Editing Contracts/Fundamental breach
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Whereas breach of [[Contractual term#Classification of term|condition]] is a serious breach that "denies the plaintiff the main benefit of the contract",<ref>''[[Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd|Hong Kong Fir Shipping v Kawasaki Kisen Kaisha]]''</ref> fundamental breach was supposed to be even worse, with the result that any exemption clause limiting the defendant's liability would automatically become void and ineffective. Also, whereas breach of condition gives the plaintiff the option to repudiate, fundamental breach automatically discharges the entire contract.<ref>[[Harbutt's "Plasticine" Ltd v Wayne Tank and Pump Co Ltd]]</ref> | Whereas breach of [[Contractual term#Classification of term|condition]] is a serious breach that "denies the plaintiff the main benefit of the contract",<ref>''[[Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd|Hong Kong Fir Shipping v Kawasaki Kisen Kaisha]]''</ref> fundamental breach was supposed to be even worse, with the result that any exemption clause limiting the defendant's liability would automatically become void and ineffective. Also, whereas breach of condition gives the plaintiff the option to repudiate, fundamental breach automatically discharges the entire contract.<ref>[[Harbutt's "Plasticine" Ltd v Wayne Tank and Pump Co Ltd]]</ref> | ||
Although the concept caused some excitement in the 1950s and 1960s, the concept was regarded as flawed by the [[judicial functions of the House of Lords|Law Lords]], whose decision in the ''[[Suisse Atlantique Societe d'Armement Maritime S.A. v. N.V. Rotterdamsche Kolen Centrale|Suisse Atlantique]]''<ref>[1966] 1 Lloyd's Rep. 529</ref> substantially curtailed the doctrine, which has now been effectively "laid to rest" in [[English Law|England]] and Canada.<ref> see [[Photo Production Ltd v Securicor Transport Ltd]]</ref> | Although the concept caused some excitement in the 1950s and 1960s, the concept was regarded as flawed by the [[judicial functions of the House of Lords|Law Lords]], whose decision in the ''[[Suisse Atlantique Societe d'Armement Maritime S.A. v. N.V. Rotterdamsche Kolen Centrale|Suisse Atlantique]]''<ref>[1966] 1 Lloyd's Rep. 529</ref> substantially curtailed the doctrine, which has now been effectively "laid to rest" in [[English Law|England]] and Canada.<ref> see [[Photo Production Ltd v Securicor Transport Ltd]]</ref> | ||
==Background – the law of deviation== | ==Background – the law of deviation== |