The Court of Appeal has confirmed, in the case of Buckland v Bournemouth University, that the question of whether there has been a fundamental breach should be assessed objectively and that a fundamental breach of contract cannot be "cured" by the party in breach. This case arose from a dispute over the remarking of exam papers, which resulted in changes to awards Professor Buckland had originally given to students and criticised his original marking. An inquiry exonerated him, but he remained unhappy with what had happened and resigned, claiming constructive dismissal. The Court overturned the EAT's decision that the inquiry exonerating Professor Buckland had "cured" the breach. Once a breach has been done it cannot be undone. The Court also rejected an argument that there can only be a fundamental breach of contract if the employer's actions fall outside the range of reasonable responses. Professor Buckland therefore succeeded with his claim of constructive dismissal.