Fundamental Breach in UK Law

Leading Cases
  • Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
    • House of Lords
    • 31 Marzo 1966

    This question has often arisen with regard to clauses excluding liability, in whole or in part, of the party in breach. Then the whole contract has ceased to exist including the exclusion clause, and I do not see how that clause can then be used to exclude an action for loss which will be suffered by the innocent party after it has ceased to exist, such as loss of the profit which would have accrued if the contract had run its full term.

    One may safely say that the parties cannot, in a contract, have contemplated that the clause should have so wide an ambit as in effect to deprive one party's stipulations of all contractual force: to do so would be to reduce the contract to a mere declaration of intent. To this extent it may be correct to say that there is a rule of law against the application of an exceptions clause to a particular type of breach.

  • U.G.S. Finance Ltd v National Mortgage Bank of Greece and National Bank of Greece S.A.
    • Court of Appeal
    • 02 Julio 1963

    This is not an independent rule of law imposed by the Court on the parties willy-nilly in disregard of their contractual intention. This rule of construction is not now in principle but it has become prominent in recent years in consequence of the tendency to have standard forms of contract containing exceptions clauses drawn in extravagantly wide terms, which would produce absurd results if applied literally.

  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Marzo 2007

    In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.

  • Photo Production Ltd v Securicor Transport Ltd
    • House of Lords
    • 14 Febrero 1980

    (1) Where the event resulting from the failure by one party to perform a primary obligation has the effect of depriving the other party of substantially the whole benefit which it was the intention of the parties that he should obtain from the contract, the party not in default may elect to put an end to all primary obligations of both parties remaining unperformed. (If the expression "fundamental breach" is to be retained, it should, in the interests of clarity, be confined to this exception).

  • Karsales (Harrow) Ltd v Wallis
    • Court of Appeal
    • 12 Junio 1956

    But in my judgment, however extensive the exception clause may be it has no application if there has been a breach of a fundamental term. We were referred to a number of cases, the most recent of which, I think, is that decided by Mr. Justice Devlin, Smeaton Hocomb & Co. Ltd. v. Sassoon I. Setty Son & Co. (reported in 1953, 2 All England Reports at page 1471). ; and a little lower down he says this:

  • Gunton v Richmond-upon-Thames London Borough Council
    • Court of Appeal (Civil Division)
    • 03 Julio 1980

    If the only real redress is damages, how can its measure or scope be affected according to whether the contract is regarded as still subsisting or as at an end? To preserve the bare contractual relationship is an empty formality. The difference is fundamental, for there is no legal substitute for voluntary performance.

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  • Renting Homes (Wales) Act 2016
    • Wales
    • 1 de Enero de 2016
    ... ... but this is subject to various exceptions. S-3 ... Fundamental provisions and supplementary provisions of occupation contracts 3 ... (l) section 177 (breach of deposit requirements: periodic standard contracts), ... (m) section ... ...
  • The Immigration (European Economic Area) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ... ... of F174the UK GDPR—(i) Article 33 (notification of personal data breach to the Commissioner) ;(ii) Article 34 (communication of personal data ... and for so long as the restriction is, having regard to the fundamental rights and legitimate interests of the data subject, a necessary and ... ...
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... are managed or organised in a way which amounts to a gross breach of a relevant duty of care owed by the care provider to the individual who ... 57: Personal injury claims: cases of fundamental dishonesty ... (1) This section applies where, in proceedings on a claim ... ...
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Books & Journal Articles
  • Fundamental Breach–‐Positively Last Appearance
    • No. 46-6, November 1983
    • The Modern Law Review
  • What constitutes evidence of poor prison conditions after Aranyosi and Căldăraru? Examining the role of inspection and monitoring bodies in European Arrest Warrant decision-making
    • No. 10-3, September 2019
    • New Journal of European Criminal Law
    The case of Aranyosi and Căldăraru confirms that where prison conditions are so poor as to breach fundamental rights, the non-execution of an European Arrest Warrant is justified. Given the high st...
    ... ... ˘lda˘raru confirms that where prison conditions are so poor as to breach fun-damental rights, the non-execution of an European Arrest Warrant is ... and monitoring bodies.KeywordsEuropean Arrest Warrant, fundamental rights, prison conditions, Aranyosi and Ca˘lda˘raru, mutualtrust, ... ...
  • Third Party Liability for Dishonesty Extended
    • No. 3-2, March 1995
    • Journal of Financial Crime
    • 203-204
    The Privy Council in the recent Brunei decision of Royal Brunei Airlines Sdn Bhd v Tan has widened the liability of third parties who assist in a breach of trust. They will now be liable if they ha...
    ... ... v Tan1 has widened the liability of third parties who assist in a breach of trust. They will now be liable if they have dis-honestly facilitated an otherwise honest breach. This decision is of fundamental importance to pro-fessionals, such as bankers, lawyers and account-ants, ... ...
  • Do We Really Need Criminal Sanctions for the Enforcement of EU Law?
    • No. 5-3, September 2014
    • New Journal of European Criminal Law
    This article examines how the ‘essentiality’ requirement can limit the exercise of the EU's criminal law competence under Article 83(2) TFEU. Building on criminological research, and contextual and...
    ... ... entail severe consequ ences for individuals and potentially breach their fundamental f reedoms such a stringent test is justi ed ... ...
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Law Firm Commentaries
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