Fundamental Breach as a Clause in the Contract

The parties may decide that one or another term of the contract of sale shall be deemed a fundamental term, the breach of which shall be considered an actual breach of the contract of sale.
Sometimes, others may consider the condition an unimportant and not essential requirement.

However, on the part of the freedom of contract, as long as the parties to the contract have decided that the condition is fundamental, then so be it, and the court will not be inclined to change these agreements as expressed in the sale agreement.

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