Where a court finds that a breach is a fundamental breach, an exemption clause will be treated as ineffective to excuse the breach.

Question

Quizplus · Accepted Answer

This statement is true. If a breach is deemed fundamental by a court, an exemption clause will be seen as ineffective in excusing the breach. This is because a fundamental breach is a breach so serious that it goes to the root of the contract, and therefore cannot be excused by any clause in the contract.

Where a Court Finds That a Breach Is a Fundamental