The doctrine of freedom of contract and the rise of the agreement in standard form have led to the evolution of a number of judicial stratagems designed to avoid the inexorable operation of exempting provisions. Few of these, however, promise to be more successful, than the doctrine of the 'Fundamental term' or of 'Fundamental breach'. The construction of exemption clauses so as to refuse their aid to a party in "Fundamental breach" of his contract is undoubtedly the most important development in the modern Law of Contract" (Wedderburn, Contract-Exemption Clauses Fundamental Breach — Main objects of Contracts, 1957 Camb. L. J. 16.) Its title misleads if one associates breach with a failure to perform a particular term or provision of a contract. Perhaps "Fundamental obligation" would better express the doctrine notion of an irreducible core duty, a duty which arises from the relationship created by the contract. Since the judgment in the case o ....