This article makes out a case for the application of the common law of Fundamental Breach in India so that the consumers are protected from unfair exemption clauses) Introduction  It is a well-established principle that parties have the freedom to contract i.e. generally speaking the parties can enter into contracts on whatever terms they deem fit.1It is out of this freedom that the practice of ‘exemption clauses’ arose. These are clauses contained in the contract, which purport to change, limit, and qualify the legal rights and duties, which may arise normally out of such a form of contract.2 For example in a contract for the sale of a second hand car, the seller may choose to exempt himself from any defects in the car arising after the sale. This practice has both its advantages and its disadvantages. It enables parties to clearly define their duties and li ....