Fundamental Breach

Question 1

Lord Diplock

Answer 1

Failure by one party to perform a primary obligation which deprives the other part of substantially the whole benefit they were supposed to receive under the contract.

Question 2

Rule of Law Approach

Answer 2

Before 1966

Question 3

Karsales v. Wallis

Answer 3

Defective car yet tried to rely on exclusion clause

Question 4

Adel Boshalli v. Allied commercial

Answer 4

Inferior cloth was delivered

Question 5

Ogwu v. Leventis Motors

Answer 5

Proves this

Question 6

Suisse v. Atlantique

Answer 6

1967
Established Rule of construction

Question 7

Photo productions ltd v. Securicor

Answer 7

House of Lords ruled if an exclusion clause is clearly drafted, it may apply in cases of fundamental breach

Question 8

Modern approach

Answer 8

Courts followed rule of law before
Now they adopt rule of construction approach

Question 9

Modern application

Answer 9

Akinsanya v. UBA
AG Bendel v. UBA

Question 10

DHL v. Chidi (1999)

Answer 10

Rule of law

Question 11

MTn v. Amadi (2013)

Answer 11

Rule of law

Question 12

Why have Nigerian courts started to change?

Answer 12

UK has their consumer protection Act + is more socio economically advanced.