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Why Is the Fundamental Breach Rule Defunct? Please Select All

Question 3

Multiple Choice

Why is the fundamental breach rule defunct? Please select all that apply.


A) Major difficulties were faced in attempts to describe a 'fundamental' term.
B) The very nature of the doctrine of fundamental breach made it impossible to construct a rational theory, which undermined legal certainty.
C) It contradicts a basic principle of contract law; that it is for the parties, and not the court, to make the bargain.
D) It could be excluded where the contract is affirmed after a fundamental breach has been committed.

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