Fundamental Breach of Contracts of Affreightment: A Comparative Analysis of the United Kingdom, United States and Canadian Jurisprudence

Document Type

Working Paper

Publication Date

10-30-2007

Abstract

The ageless doctrine of fundamental breach of contracts of affreightment has received diverse treatments from courts of different countries Although some academic writers have argued that the doctrine was abolished in the Photo Productions case this paper has attempted to show that the doctrine is still alive albeit in several names like unconscionability unreasonableness deviation and quasideviation in different jurisdictions

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