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CIPS L5M3 Exam - Topic 1 Question 64 Discussion

A breach which is so severe that it goes to the root of the contract is known as what?
A) fundamental breach
B) condition breach
C) major breach
D) essence breach

CIPS L5M3 Exam - Topic 1 Question 64 Discussion

Actual exam question for CIPS's L5M3 exam
Question #: 64
Topic #: 1
[All L5M3 Questions]

A breach which is so severe that it goes to the root of the contract is known as what?

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Suggested Answer: A

This is a Fundamental Breach. Fundamental Breach and Major Breach are very similar- they're both really bad and can lead to damages and the termination of the contract. The difference is that a Fundamental Breach is so bad that it goes to the root of the contract - a breach so bad that the contract is basically worthless. For example if you make a contract with a supplier to have potatoes delivered but it turns out they don't sell potatoes, only apples, and they keep sending you apples instead of potatoes. This would be a fundamental breach because its something so fundamental to the contract that there's no point in the contract existing if there's a breach like this. Condition Breach and Essence Breach are made up words- they don't exist. P.44


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Mira
8 hours ago
It's called a fundamental breach!
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Pamella
6 days ago
A fundamental breach is the correct term!
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Basilia
11 days ago
Wait, is that really what it's called? Sounds odd.
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Melodie
16 days ago
I thought it was a major breach?
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Noemi
2 months ago
Definitely A, no doubt about it.
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Jacinta
2 months ago
It's called a fundamental breach!
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Jody
3 months ago
I'm leaning towards D) essence breach, but I don't remember it being a common term in our practice questions.
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Eliseo
3 months ago
I feel like the term "major breach" was mentioned in our readings, but it doesn't sound quite right for this question.
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Carin
3 months ago
I remember discussing condition breaches, but I can't recall if that's the same as a fundamental breach.
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Lore
3 months ago
I think it might be A) fundamental breach, but I'm not entirely sure. We covered something similar in class.
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