Philosophy 2080 Lecture Notes - Lecture 5: Standard Form Contract, Fundamental Breach, Ski Lift
4 Dec 2017
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The courts have traditionally had a difficult time giving effect to exclusion clauses. You find these on ski lift tickets, rental agreements, for an example. Carrier like fedex or ups, telling a customer that they bear no responsibility for lost or damaged goods that have been shipped. In this example, it seems like the customer has no choice to negotiate this term, it is a take it or leave it situation. As you will find in this first case, at one time, the house of lords developed a doctrine known as the doctrine of fundamental breach. Even though the parties seemed to have agreed to the contract and all its terms, the court would not allow the party in breach to rely on the exclusion clause. The notion of fundamental breach isn"t like this in canada anymore, the current state of the law is not clear.
