United Kingdom April 22 2021 Exclusion clauses used to have a pretty bad name in English law. Viewed as potentially exploitative in the hands of big businesses, some Judges approached exclusion clauses with an attack mindset. Various rules of construction were developed to help constrain their effect. One of these was the doctrine of "fundamental breach". This said that an exclusion clause could not - as a matter of construction - exclude loss for a "fundamental breach" of contract.