The Construction of Exclusion Clauses Upon Affirmation of a Fundamental Breach

  • Tony Dugdale
  • N. V. Lowe


Problems are raised by Lord Reid's judgment in Suisse Atlantique in which he proposes that, upon affirmation of a fundamental breach, the applicability of exclusion clauses is matter of construction. The authors contend that the correct analysis of this proposal re quires two stages of construction: first, to determine whether there was, in fact, fun damental breach, and second, to establish whether the clauses apply to the breach.