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Herne Bay Steamboat Co V Hutton
''Herne Bay Steamboat Co v Hutton'' 9032 KB 683 is a case on the subject of frustration of purpose. It is one of a group of cases arising out of the same event, known as the coronation cases. Facts The defendant, Mr Hutton, contracted to hire a steamship, named ''Cynthia'', on 28 and 29 June 1902. This was following a public announcement that a Royal naval review was to take place at Spithead on that day. The contract was "for the purpose of viewing the naval review and for a day's cruise round the fleet". Following the cancellation of the coronation, and of the naval review, the defendants refused payment, stating the contract was frustrated in purpose. Judgment Whilst at first instance the defendant succeeded in this argument, it was reversed by the Court of Appeal, who deemed the contract was not frustrated, and the balance in full was due to the plaintiff. At first this may seem contradictory to '' Krell v Henry''. However, it can be explained by reference to the agreeme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frustration Of Purpose
Frustration of purpose, in law, is a defense to enforcement of a contract. Frustration of purpose occurs when an unforeseen event undermines a party's principal purpose for entering into a contract such that the performance of the contract is radically different from performance of the contract that was originally contemplated by both parties, and both parties knew of the principal purpose at the time the contract was made..austlii Despite frequently arising as a result of government action, any third party or even nature can frustrate a contracting party's primary purpose for entering into the contract. The concept is also called commercial frustration. For example, if Joe gets a mortgage for a new home, suppose after three years, the home is destroyed, through no fault of Joe's. Without a hell or high water clause, Joe might be exempt from the remainder of the mortgage, as the principal purpose of the contract, to have a home to live in, has been compromised. However, he might ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coronation Cases
The Coronation cases were a group of appellate opinions in English law cases, all arising out of contracts that had been made for accommodation for viewing the celebrations surrounding the coronation of King Edward VII and Queen Alexandra, originally scheduled for 26 June 1902. Many owners of buildings along the coronation procession route had rented their front rooms to others who hoped to guarantee themselves a view of the procession, or rented out boats from which to watch the associated naval review. The king fell ill with an abscess of the abdominal wall two days before the planned coronation and it was postponed until 9 August. The renters were not inclined to pay top prices—or pay at all—for rooms on an ordinary day.R. G. McElroy and Glanville Williams,The Coronation Cases—I, ''The Modern Law Review'' Vol. 4, No. 4 (Apr., 1941), pp. 241-260. In general, the contracts were voided on the ground of frustration of purpose. Certain contracts which did not mention that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Krell V Henry
''Krell v Henry'' 9032 KB 740 is an English case which sets forth the doctrine of frustration of purpose in contract law. It is one of a group of cases, known as the "coronation cases", which arose from events surrounding the coronation of King Edward VII and Queen Alexandra in 1902. Facts The defendant, CS Henry, agreed by contract on 20 June 1902, to rent a flat at 56A Pall Mall from the plaintiff, Paul Krell, for the purpose of watching the coronation procession of Edward VII scheduled for 26 and 27 June. The housekeeper of the premises had informed Henry that he would have an excellent view of the procession from the room. Desiring to secure the rental of Krell's flat for the purpose of observing the coronation procession, Henry wrote the following letter to Krell's solicitor: I am in receipt of yours of the 18th instant, inclosing form of agreement for the suite of chambers on the third floor at 56A, Pall Mall, which I have agreed to take for the two days, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taylor V Caldwell
''Taylor v Caldwell'' is a landmark English contract law case, with an opinion delivered by Mr Justice Blackburn which established the doctrine of common law impossibility. Facts Caldwell & Bishop owned Surrey Gardens & Music Hall, and agreed to rent it out to Taylor & Lewis for £100 a day. Taylor had planned to use the music hall for four concerts and day and evening fetes on Monday 17 June, Monday 15 July, Monday 5 August, and Monday 19 August 1861. They were going to provide a variety of extravagant entertainments including a singing performance by Sims Reeves, a thirty-five to forty-piece military and quadrille band, al fresco entertainments, minstrels, fireworks and full illuminations, a ballet or divertissement, a wizard and Grecian statues, tight rope performances, rifle galleries, air gun shooting, Chinese and Parisian games, boats on the lake, and aquatic sports. According to the contract the parties had signed, the defendants were to provide most of the British perf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chandler V Webster
''Chandler v Webster'' 904 1 KB 493 is an English contract law case concerning frustration. It is one of several coronation cases which appeared in the courts after King Edward VII fell ill and his coronation was postponed. Facts Mr Webster agreed to let Mr Chandler a room on Pall Mall to watch the king's coronation on 26 June 1902 for £141 15s (). It was understood between the parties that the money for the room should be paid before the procession. Mr Chandler hired the room with the intention of erecting a stand and selling tickets. On 10 June Mr Chandler wrote to Mr Webster saying: Mr Chandler paid £100 on 19 June but then the king fell ill. The question was whether the £100 could be recovered by Mr Chandler, or whether Mr Webster could demand the balance. Judgment High Court Wright J held that the plaintiff was not entitled to recover the £100 which he had paid, and that, on the construction of the letter of 10 June, it appeared that the balance was not payab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frustration In English Law
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract. Historically, there had been no way of setting aside an impossible contract after formation; it was not until 1863, and the case of ''Taylor v Caldwell'', that the beginnings of the doctrine of frustration were established. Whilst the doctrine has seen expansion from its inception,Koffman, Macdonald, p. 520 it is still narrow in application;Halson, p. 419 Lord Roskill stated that "the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains." Development of the doctrine Early cases such as ''Paradine v Jane'' show the historical line that the courts took toward a frustration of purpose in contract; here, the courts held that where land under lease to the defend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Frustration Case Law
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1903 In Case Law
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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