Fundamental Breach

	Fundamental Breach Fundamental breach of contract, is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning, Master of the Rolls from 1962 to 1982, but it did not find favour with the House of Lords. Whereas breach of condition is a serious breach that "denies the plaintiff the main benefit of the contract", fundamental breach was supposed to be even worse, with the result that any exclusion 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. Although the concept caused some excitement in the 1950s and 1960s, the concept was regarded as flawed by the Law Lords, whose decision in the '' Suisse Atlantique'' substantially curtailed the doctrine, which has now been effectively "laid to rest" in England and Canada. The relevant concept in English Law is repudiator ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
picture info	Contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Glynn V Margetson ''Glynn v Margetson'' is an English case on the law of carriage of goods by sea which established the "Main Purpose Rule" in relation to deviation. Facts A vessel, the ''Zena'', was chartered to carry a perishable cargo of Seville oranges from Málaga to a marmalade factory in Liverpool. The bill of lading provided that the master was "at liberty to visit any ports in any order". Although a carrier has a duty to "proceed with reasonable despatch" and not to deviate from the agreed course, the ship visited other ports in Spain and North Africa before heading for Liverpool. The deviation caused delays in delivering the cargo, during which time both the cargo and the market for oranges had deteriorated. The cargo-owner sued. Judgment The House of Lords held that the "liberty clause" was in effect an exemption clause which sought to limit the carrier's liability for loss caused through unjustifiable deviation. The court went on to establish the "Main Purpose Rule" which provi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
picture info	English Contract Law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their beha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
picture info	Tate & Lyle V Hain Steamship Company Tate is an institution that houses, in a network of four art galleries, the United Kingdom's national collection of British art, and international modern and contemporary art. It is not a government institution, but its main sponsor is the UK Department for Digital, Culture, Media and Sport. The name "Tate" is used also as the operating name for the corporate body, which was established by the Museums and Galleries Act 1992 as "The Board of Trustees of the Tate Gallery". The gallery was founded in 1897 as the National Gallery of British Art. When its role was changed to include the national collection of modern art as well as the national collection of British art, in 1932, it was renamed the Tate Gallery after sugar magnate Henry Tate of Tate & Lyle, who had laid the foundations for the collection. The Tate Gallery was housed in the current building occupied by Tate Britain, which is situated in Millbank, London. In 2000, the Tate Gallery transformed itself into the curre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]