In Motis Exports Ltd 1 v. Dampskibsselskabet AF 1912 the Court of Appeal (Stuart-Smith, Mummery and Mance, L.JJ.) had a familiar problem to answer and gave the familiar response. The fact that this involved, on one approach, the doctrine of the fundamental breach cannot really come as a surprise to anyone. When one answer is required to give effect to what is perceived to be the just result, courts readily fall back on the fundamental breach (while sometimes denying it) in order to achieve it. In the present case the court had an authority on which it could rely and it followed it. Just how far this authority is still sound law in light of the subsequent abolition of the fundamental breach, or the decision of the Court of Appeal was merely playing with words, were matters that were not discussed.