Fundamental breach | Practical Law

Fundamental breach | Practical Law

Fundamental breach

Fundamental breach

Practical Law UK Glossary 4-107-6624 (Approx. 3 pages)

Glossary

Fundamental breach.

A repudiatory breach of contract, also known as repudiation.In the 1970s it was asserted that an exclusion clause was ineffective against a fundamental breach (or breach of a fundamental term). However, it is now established that there is no such rule of law; it is always a question of interpretation, whether the exemption clause covers the breach.