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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The doctrine of fundamental breach: recent developments in England and its applicability in Tanzania
Author:Nditi, N.N.N.ISNI
Periodical:Eastern Africa Law Review
Geographic term:Tanzania
Subjects:commercial law
Abstract:The substantive doctrine of fundamental breach was developed in England in the 1950s to curb abuse of the doctrines of freedom and sanctity of contract. The doctrine was developed when monopolies had become very strong, and statutes to protect weak contracting parties were non-existent. This article examines recent developments concerning the doctrine of fundamental breach in England and discusses its applicability in Tanzania. The 1980 decision of the House of Lords in the Photo Production Ltd v. Securicor Transport Ltd. case restored the freedom and the sanctity of contract. That is to say the intention of the parties must be respected unless one of them is protected by statutory provisions. In Tanzania, however, local conditions require the doctrine of fundamental breach to be upheld for three main reasons. First, business and commerce in Tanzania is still dominated by monopolies, who always hold their poor customers to ransom. Secondly, there is no effective consumer protection movement to militate against trade malpractices and to fight for at least minimum standards and quality of goods and services provided by the monopolies. Thirdly, there are insufficient legislative interventions (as in England) to protect the poor and weak consumer. Notes, ref.