History
| Contract law |
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| Part of the common law series |
| Contract formation |
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| Defenses against formation |
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| Contract interpretation |
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| Excuses for non-performance |
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| Rights of third parties |
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| Breach of contract |
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| Remedies |
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| Quasi-contractual obligations |
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| Implied In Fact Contracts |
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| Related areas of law |
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| Other common law areas |
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The law of fundamental breach was historically treated as an extension of the doctrine of deviation. The development of this doctrine can be traced down to the first half of the 19th century, when Tindal C.J. stated in Davis v. Garrett that deviation made by the carrier from the agreed voyage route brings the latter outside of contract and therefore outside of exceptions or limitation clauses provided by such a contract. This harsh attitude to deviation cases originated from the earlier marine insurance practice when cargo insurance policy was lost in case of deviation. Thereby strict obligations imposed to the carrier were designed to afford protection to the cargo owner.
Read more about this topic: Fundamental Breach
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