Boone V Eyre
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''Boone v Eyre'' (1777) 1 H Bl 273 is an
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...
case concerned with
substantial performance At common law, substantial performance is an alternative principle to the perfect tender rule. It allows a court to imply a term that allows a partial or substantially similar performance to stand in for the performance specified in the contract. ...
and conditions precedent.Swarbrick, D.
Boone v Eyre: 1777
updated 14 May 2021, accessed 26 May 2021


Facts

The plaintiff sued the defendant for not paying a £160 annuity (for life) for a plantation in the
West Indies The West Indies is an island subregion of the Americas, surrounded by the Atlantic Ocean, North Atlantic Ocean and the Caribbean Sea, which comprises 13 independent island country, island countries and 19 dependent territory, dependencies in thr ...
that came with a group of
slaves Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
, after an initial payment of £500. The defendant contended that when the plaintiff made the deed, the plaintiff did not lawfully possess the slaves, and therefore had no good title. Therefore, the defendant was arguing he had the right to terminate the agreement and cease performance.


Judgment

Lord Mansfield William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to English law. Born in Scone Palace, Perthshire, to a family of Peerage of Scotland, Scott ...
said the following:


See also

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English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...


References

{{reflist, 2 English contract case law Slavery case law