← All Authorities
United Kingdom Leading Case exclusion and limitation clausesrepudiatory breachconstruction interpretation

Photo Production Ltd v Securicor Transport Ltd

[1980] AC 827
JurisdictionUnited Kingdom
CourtUK House of Lords
Year1980
StatusBinding authority

Summary

Exclusion clauses are not automatically invalidated by fundamental breach; their effect depends on true construction of the contract.

Key Principle

exclusion clauses survive fundamental breach; the question is one of construction

Area of Law

Contract — Breach and Remedies

Related Cases

Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67

The UKSC reformulated the penalty clause rule, replacing the Dunlop test with a legitimate interest test asking whether the clause is extravagant or unconscionable relative to that interest.

Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48

Remoteness of damage in contract may depend on whether the defendant assumed responsibility for the type of loss, not merely reasonable contemplation.

Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (The Golden Victory) [2007] UKHL 12

Where a charterparty was repudiated, damages are assessed by reference to subsequent events that would have terminated the contract early, reducing the award accordingly.

Ask CommonBench about this case

Get a detailed analysis of Photo Production Ltd v Securicor Transport Ltd and how it applies to your situation.

Explain Photo Production Ltd v Securic...