What is the test for a fundamental breach in a contract?
British Columbia, Canada
The following excerpt is from Spoor v. Nicholls, 1999 CanLII 6351 (BC SC):
The definition applied here to the term "fundamental breach" is that accepted by Wilson J. in Hunter Engineering v. Syncrude Canada Ltd. (1989), 57 D.L.R. (4th) (S.C.C.) 321 at 369: A fundamental breach occurs where the event resulting from the failure of one party to perform a primary obligation has the effect of depriving the other party of substantially the whole benefit which it was the intention of the parties that he should obtain from the contract.
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