Maroon Ink

      1. RELIANCE ON EXEMPTION CLAUSE IN A BREACH OF FUNDAMENTAL TERM UNDER COMMON LAW AND NIGERIA: RULE OF LAW OR RULE OF CONSTRUCTION? 1.1 THE RECENT POSITION IN COMMON LAW.        Before the decision in the House of Lords in Suisse Atlantique society v. Kolen central[1] , what existed was rule of law on the breach of a fundamental term. The rule at that time was that a party in a fundamental breach of contract was not allowed to rely on an exemption clause to escape liability no matter how widely expressed the clause was. In the case of Karsales (Harrow) Ltd v. Wallis[2], Lord Denning declared that:  "It is now settled that exempting clauses, of this kind, no matter how widely they are expressed, only avail the party when he is carrying out the contract in its essential respects. They do not avail him when he is guilty of a breach which goes to the root of the contract".           However, the above principle was rever...

   INTRODUCTION:           Diane Pretty was refused the legal right to choose the circumstances of her death. She suffers from motor neuron disease and is experiencing the disintegration of her body. She faces a death that she believes will entail indignity and suffering and physically cannot kill herself. The court has denied her request that her husband be allowed to help her.  The question is; suppose that Mrs. Pretty became permanently and severely incompetent as a result of brain damage and that her life was being sustained by medical technology. If her doctors believed that medical treatment could provide no benefit because of her inability ever to engage in any self-directed activity, then can they legally withdraw life-sustaining treatments, including hydration and nutrition? [1]         Euthanasia also known as "Mercy killing"  is one of the most debated topics of this century. While some agree that euthanasia has...