fundamental breach of the contract, i.e., where he commits a breach which goes to the root of the contract. 011 this basis a substantive rule of law emerged which stipulated that certain kinds of breaches and types of contractual terms were so fundamental that no exemption clause, however widely drawn, could exclude liability. Under this doctrine, a person who had committed a breach of a fundamental term of a contract, or who had committed a fundamental breach of the contract should not be entitled to rely on any exclusion clause in the contract to exclude his liability for such breach