n Without Prejudice - Material breaches and the root of a contract : contract law

Volume 8, Issue 5
  • ISSN : 1681-178X



The phrase "breach going to the " is of great importance. It is very common to find a clause in a contract which states that a party to a contract shall not be entitled to cancel the contract as a consequence of a breach by the other party, unless the breach is a material breach which goes to the root of the contract.

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