Fundamental Breach - History

History

Contract law
Part of the common law series
Contract formation
  • Offer and acceptance
  • Posting rule
  • Mirror image rule
  • Invitation to treat
  • Firm offer
  • Consideration
Defenses against formation
  • Lack of capacity
  • Duress
  • Undue influence
  • Illusory promise
  • Statute of frauds
  • Non est factum
Contract interpretation
  • Parol evidence rule
  • Contract of adhesion
  • Integration clause
  • Contra proferentem
  • Title-transfer theory of contract
Excuses for non-performance
  • Mistake
  • Misrepresentation
  • Frustration of purpose
  • Impossibility
  • Impracticability
  • Illegality
  • Unclean hands
  • Unconscionability
  • Accord and satisfaction
Rights of third parties
  • Privity of contract
  • Assignment
  • Delegation
  • Novation
  • Third-party beneficiary
Breach of contract
  • Anticipatory repudiation
  • Cover
  • Exclusion clause
  • Efficient breach
  • Deviation
  • Fundamental breach
Remedies
  • Specific performance
  • Liquidated damages
  • Penal damages
  • Rescission
Quasi-contractual obligations
  • Promissory estoppel
  • Quantum meruit
Implied In Fact Contracts
  • Implied In Fact
Related areas of law
  • Conflict of laws
  • Commercial law
Other common law areas
  • Tort law
  • Property law
  • Wills, trusts and estates
  • Criminal law
  • Evidence

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

Famous quotes containing the word history:

    “The history of all hitherto existing society is the history of class struggles.”
    —Karl Marx (1818–1883)

    “No one is ahead of his time, it is only that the particular variety of creating his time is the one that his contemporaries who are also creating their own time refuse to accept.... For a very long time everybody refuses and then almost without a pause almost everybody accepts. In the history of the refused in the arts and literature the rapidity of the change is always startling.”
    —Gertrude Stein (1874–1946)

    “The view of Jerusalem is the history of the world; it is more, it is the history of earth and of heaven.”
    —Benjamin Disraeli (1804–1881)