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
