Fundamental terms

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Updated: Aug 20, 2021

Under the law of contract, these are terms in a contract which are so fundamental that breach of them would be considered to be complete nonperformance, as opposed to breach of conditions or warranties. The distinction is important, for exemption clauses that apply to conditions or warranties do not apply to fundamental terms.

Reference: The Penguin Business Dictionary, 3rd edt.


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James Knight
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James is a lead content editor for Invezz. He's an avid trader and golfer, who spends an inordinate amount of time watching Leicester City and the… read more.