Frustration Flashcards
(8 cards)
Taylor v Caldwell (1863)
Taylor hired Caldwell’s music hall for concerts, but before the events could take place, the hall was destroyed by fire. Taylor sued for breach of contract when caldwell was unable to provide the venue. The court held that the contract was frustrated due to the destruction of the subject matter.
Krell v Henry (1903)
Henry agreed to rent a room from to knell to view King Edward VII’s cornation procession. The cornation was cancelled due to the king’s illness, and Henry refused to pay.The court held the contract was frustrated, as its purpose to view the procession was no longer possible.
Jackson v Union Marine Insurance (1874
Jackson, a shipowner, chartered his ship to carry iron rails from Newport to San Francisco. Before loading, the ship was damaged and delayed for several months due to a grounding. The court held this delay frustrated the charterparty, discharging the contract and entitling Jackson to claim under his insurance for loss due to “perils of the sea.”
Metropolitan Water Board v Dick Kerr (1918
Dick, Kerr & Co contracted to build a reservoir within six years, but work was halted due to a government order during WWI. The contractor claimed the contract was frustrated because the interruption was indefinite and beyond their control. The court held the contract was frustrated, as the delay radically changed the obligation’s nature, making performance impossible.
Condor v The Barron Knights (1966)
Condor, a drummer in a pop band, was advised by a doctor not to work more than four nights a week due to ill health. The band dismissed him as they needed a drummer available seven nights a week. The court held the contract was frustrated due to Condor’s incapacity to perform essential duties.
Morgan v Manser [1948]
A band manager (Manser) entered into a 10-year exclusive management contract with a band member (Morgan). Morgan was later conscripted for military service, preventing him from performing under the contract. The court held the contract was frustrated due to the unforeseen and lengthy interruption.
Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2021]
the High Court ruled that tenants were obligated to pay rent during COVID-19 lockdowns, as the leases did not include rent cesser clauses for non-physical damage. The court rejected arguments based on implied terms, temporary frustration, and unjust enrichment, emphasizing that the leases allocated the risk of closure to the tenants.
