I suggestedin the Suisse Atlantique that these cases can be regarded as proceeding uponnormal principles applicable to the law of contract generally viz., that it is amatter of the parties' intentions whether and to what extent clauses in shippingcontracts can be applied after a deviation, i.e., a departure from the con-tractually agreed voyage or adventure. The contract with which this appeal is concerned is a very simple commercialcontract entered into by two highly experienced business enterprises—theappellants whom I shall call Securicor and the respondents whom I shall callPhoto Productions. Lord Wilberforce. No-one has suggested that Securicor could have foreseen or avoided by duediligence the act or default which caused the damage or that Securicor had beennegligent in employing or supervising Musgrove. The fallacy in the reasoning and what I venture to think is the disarray intowhich the common law about breaches of contract has fallen, is due to the usein many of the leading judgments on this subject of ambiguous or impreciseexpressions without defining the sense in which they are used. The contract provided that for this service, Securicor should be paid£8.15 a week. An analogous apportionmentof risk is provided for by the Hague Rules in the case of goods carried by seaunder bills of lading. So what we are concerned with is thecommon law of contract—of which the subject-matter is the legally enforceableobligations as between the parties to it of which the contract is the source. When Photo Productions sued, Securicor argued that an exemption clause in the contract excused liability. ?as, "ceased to exist may in individual cases convey the truth with s????? 556 It is not necessary to review fully the numerous cases in which the doctrineof fundamental breech has been applied or discussed. (liability limited in extent and amount) and the case of Photo Production Ltd. v Securior Transport Ltd. (1980) 1 ALL E.R. I also agree that Harbutt'sPlasticine and the subsequent cases in which the so-called "rule of law" wasapplied to defeat exclusion clauses should be overruled, though the actualdecisions in some of the later cases might have been justified on the properconstruction of the particular exclusion clause on which the defendant relied. But there are ample resources in the normal rules of contract Lawfor dealing with these without the superimposition of a judicially invented ruleof law. These difficulties arise in part from uncertain or inconsistentterminology. It would have no knowledge of the value of. In that case LordDenning distinguished two cases (a) the case where as the result of a breach ofcontract the innocent party has, and exercises, the right to bring the contractto an end, (b) the case where the breach automatically brings the contract toan end, without the innocent party having to make an election whether toterminate the contract or to continue it. The question iswhether the appellant is liable to the respondents for this sum. Thetrial judge (MacKenna J.) 287, when commenting unfavourably on the thenbudding doctrine of fundamental breach in a portion of my judgment in theCourt of Appeal that did not subsequently incur the disapproval of this House. But if the parties wish to reject or modify primary obligationswhich would otherwise be so incorporated, they are fully at liberty to do so byexpress words. 69) in the light ofwell known principles such as that stated in Alderslade v. Hendon LaundryLtd. In Moschi v. Lep AirServices Ltd. [1973] A.C. 331, 350, my noble and learned friend Lord Diplockdrew a distinction (relevant for that case) between primary obligations under acontract, which on "rescission" generally come to an end, and secondaryobligations which may then arise. view, wrong to place a strained construction upon words in an exclusion clausewhich are clear and fairly susceptible of one meaning only even after dueallowance has been made for the presumption in favour of the implied primaryand secondary obligations. The facts relevant to this case are very short. The doctrine of "fundamental breach" in spite of its imperfections anddoubtful parentage has served a useful purpose. Photo Production Ltd and Securicor had a contract for the provision of security services by the latter to the former. “In our jurisdiction however, such contracts are purely governed by common law. Upon Report from the Appellate Committee towhom was referred the Cause Photo ProductionLimited against Securicor Transport Limited, Thatthe Committee had heard Counsel as well on Mondaythe 12th as on Tuesday the 13th and Wednesday the14th days of November last upon the Petition andAppeal of Securicor Transport Limited of Old SwanHouse, Chelsea Embankment, London, S.W.3 prayingthat the matter of the Order set forth in the Schedulethereto, namely an Order of Her Majesty's Court ofAppeal of the 15th day of March 1978 might bereviewed before Her Majesty the Queen in Her Courtof Parliament and that the said Order might bereversed, varied or altered or that the Petitioners mighthave such other relief in the premises as to Her Majestythe Queen in Her Court of Parliament might seem meet;as also upon the Case of Photo Production Limitedlodged in answer to the said Appeal; and dueconsideration had this day of what was offered on eitherside in this Cause: It is Ordered and Adjudged, by the Lords Spiritualand Temporal in the Court of Parliament of HerMajesty the Queen assembled, That the said Order ofHer Majesty's Court of Appeal of the 15th day ofMarch 1978 complained of in the said Appeal be, andthe same is hereby, Reversed and that the Order ofMr. I must add to this, by way of exception to the decision not to "gloss" theSuisse Atlantique a brief observation on the deviation cases, since some reliancehas been placed upon them, particularly upon the decision of this House inHain Steamship Co. Ltd. v. Tate & Lyle Ltd. [1936] 2 All E.R. In summary, where a party fails to comply with a contractual term which goes to the heart of the contract, the injured party can either: Where the event resulting from the failure by one party to perform aprimary obligation has the effect of depriving the other party of substantiallythe whole benefit which it was the intention of the parties that he shouldobtain from the contract, the party not in default may elect to put an endto all primary obligations of both parties remaining unperformed. And Another (1983)1 ALL E.R. Where such an election is made (a) there is substituted by implication of lawfor the primary obligations of the party in default which remain unperformed asecondary obligation to pay monetary compensation to the other party for theloss sustained by him in consequence of their non-performance in the future and(b) the unperformed primary obligations of that other party are discharged. 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