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Obligations under the Contract, Primary

Obligations under the Contract, Secondary


Law and Sea.
Liability for Breach

Liability for breach of contract is generally strict, but it may also be is based on some misconduct or fault, such as fraud, want of due care or due diligence.
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Strict Obligations
Last updated: 06-Oct-2014

Per Lord Edmund-Davies in Raineri v Miles [1981] AC 1050 at 1086:

It is axiomatic that, in relation to claims for damages for breach of contract, it is, in general, immaterial why the defendant failed to fulfil his obligation, and certainly no defence to plead that he had done his best.


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