Editing Contracts/Fundamental breach
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==Background – the law of deviation== | ==Background – the law of deviation== | ||
{{Contract law}} | |||
The origins of the idea of fundamental [[breach of contract|breach]] may be traced to early cases on the doctrine of [[Deviation (law)|deviation]]. In ''Davis v. Garrett'' <ref> Case report [http://www.lawandsea.net/List_of_Cases/D/Davis_v_Garrett_1830_6_Bing_716.html]</ref> Tindal C.J. stated that a carrier's deviation from the agreed voyage route amounted also to a deviation from the terms of the contract, including its exceptions or limitation clauses provided by such a contract. This view was adopted in the leading cases of ''[[Glynn v Margetson]]'' <ref>''Glynn v Margetson''[1893] AC 351 [1907] 1 KB 660</ref><ref>case report [http://www.lawandsea.net/List_of_Cases/G/Glynn_v_Margetson_1893_AC_351.html]</ref> and ''[[Leduc v Ward]]''.<ref> ''Leduc v Ward'' (1888) 20 QBD 475</ref><ref> Case report [http://www.lawandsea.net/List_of_Cases/L/Leduc_v_Ward_1888_20_QBD475.html]</ref> | The origins of the idea of fundamental [[breach of contract|breach]] may be traced to early cases on the doctrine of [[Deviation (law)|deviation]]. In ''Davis v. Garrett'' <ref> Case report [http://www.lawandsea.net/List_of_Cases/D/Davis_v_Garrett_1830_6_Bing_716.html]</ref> Tindal C.J. stated that a carrier's deviation from the agreed voyage route amounted also to a deviation from the terms of the contract, including its exceptions or limitation clauses provided by such a contract. This view was adopted in the leading cases of ''[[Glynn v Margetson]]'' <ref>''Glynn v Margetson''[1893] AC 351 [1907] 1 KB 660</ref><ref>case report [http://www.lawandsea.net/List_of_Cases/G/Glynn_v_Margetson_1893_AC_351.html]</ref> and ''[[Leduc v Ward]]''.<ref> ''Leduc v Ward'' (1888) 20 QBD 475</ref><ref> Case report [http://www.lawandsea.net/List_of_Cases/L/Leduc_v_Ward_1888_20_QBD475.html]</ref> | ||