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Photo Productions v Securicor [1980]

Facts

  • Securicor contracted to protect the claimant’s premises
  • One of Securicor’s employees set the factory on fire

Issue

  • Could Securicor rely on an exclusion clause in the contract in defence to a damages claim?

Decision

  • Yes

Reasoning

  • Effective
  • When a contract is breached, primary obligations substituted for secondary (monetary) obligations
  • Damages arise from the contract itself through secondary obligations
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