Photo Productions v Securicor [1980]

Doctrine of fundamental breach finally put to rest.
Lord Wilberforce in House of Lords:
When negotiating as to consequences of breach, parties
should be allowed to estimate their respective claims according to contractual
provisions they have themselves made, rather than facing uncertain doctrine of
fundamental breach.
Harbutt case must be overruled.
Enough to put that upon its radical inconsistency with
Suisse Atlantique.
Not right to use uncertainty surrounding phrases
‘discharge’, ‘rescission’, ‘termination’ etc to pass from saying that party who
is victim of breach is entitled to refuse further performance to saying that he
may treat contract as rescinded and that all / some of clauses lose their
Lord Diplock:
Before UCTA courts interpreted v widely in order to
protect consumers.
No longer need for courts to be so strict.