A Trial Discussion on the System of Fundamental Breach of Contract

Fundamental breach of contract means that one party concerned does not fulfill a contract at all, or fails to perform the whole obligation, or anticipatory breach of contract results in impossibility of performance, and those cases make a great impact upon the other party's anticipated interests granted in the contract. These situations mentioned above can be settled down in line with the liabilities for breach of contract or remedial measure through the three approaches, i.e. indemnity for a loss, terminating the contract, avoidance of contract. However, only when the irresistible force occurs does the exemption clause apply. In terms of fundamental breach of contract, its stipulations in Contract Law of our country are less definite, so the author suggests that it be specified on different situations, perfecting legislation.