Relation Between UK Contract Law And Laws Of Contract In Carriage Of Goods By Sea In The Perspective Of The Rise And Fall Of Fundamental Breach Doctrine

This paper is focused on justification of the proposition that there exits a mode of relation between contract law and maritime contract law which is at odds with general-special mode, namely, the general-special mode is not the inherent relation between contract law and maritime contract law. This paper consists of seven chapters, mainly three parts. The first part deals with the rise and fall of the fundamental breach doctrine in the British contract law, and the root status of maritime deviation doctrine as to fundamental breach doctrine. The second part analyzes the current legal status of deviation doctrine after the abandonment of fundamental breach doctrine in contract law. The last part substantively reasons on the relation between contract law and maritime contract law under the perspective of the propositions established in the first two parts.This paper also at the very last part provides some inspirations on the same issue under the Chinese law with those who are interested in this area and will go further and more profound study.