Taylor v Caldwell (1863) 3B & S 826
Introduction
The case of Taylor v Caldwell is a fundamental case in the area of frustration with regards to contract law. Taylor v Caldwell is an extremely important case, as Murray states, "frustration developed to alleviate harshness of absolute obligation rule". Frustration comes about in circumstances where the courts will discharge the parties of obligations under the contract, therefore meaning that the parties are not liable for any further obligations under the contract.
Case Facts The case centred on a musical hall which the claimant agreed to hire from the defendant. The hall was to be used for 'grand concerts' and fetes. However before the performance that the music hall was …show more content…
In the case, Justice Blackburn notes the harshness of this obligation and therefore, it was held that the defendant was released from their obligations under the doctrine of frustration. The reasoning behind this is that this was the most just solution and the one that made the most sense in terms of contract law. If the parties were forced to continue their obligations under the contract even though the music hall was on longer in use then this performance would be very different from the ones that the parties had originally contracted to undertake. The burnt down musical hall renders the contract undoable under the current …show more content…
Krell v Henry and Herne Bay Steamboat Co v Hutton. Both of these cases revolve around the procession of Edwards VII that was cancelled due to ill health. In Krell the defendant hired a flat from the claimant. Claimant brought an action to claim the rent was not already paid under the agreement. It was held in this case that the contract had been frustrated by the non-occurrence of the event. The Coronation Procession was the foundation of the contract. However comparing this with Herne Bay where the defendant rented a boat from the claimant to take paying passengers to see a Naval Review that had been organised as part of the Edward VII events day. However this time it was held that the contract was not frustrated this was because neither the review nor the tour of the fleet were at the foundation of the
Introduction
The case of Taylor v Caldwell is a fundamental case in the area of frustration with regards to contract law. Taylor v Caldwell is an extremely important case, as Murray states, "frustration developed to alleviate harshness of absolute obligation rule". Frustration comes about in circumstances where the courts will discharge the parties of obligations under the contract, therefore meaning that the parties are not liable for any further obligations under the contract.
Case Facts The case centred on a musical hall which the claimant agreed to hire from the defendant. The hall was to be used for 'grand concerts' and fetes. However before the performance that the music hall was …show more content…
In the case, Justice Blackburn notes the harshness of this obligation and therefore, it was held that the defendant was released from their obligations under the doctrine of frustration. The reasoning behind this is that this was the most just solution and the one that made the most sense in terms of contract law. If the parties were forced to continue their obligations under the contract even though the music hall was on longer in use then this performance would be very different from the ones that the parties had originally contracted to undertake. The burnt down musical hall renders the contract undoable under the current …show more content…
Krell v Henry and Herne Bay Steamboat Co v Hutton. Both of these cases revolve around the procession of Edwards VII that was cancelled due to ill health. In Krell the defendant hired a flat from the claimant. Claimant brought an action to claim the rent was not already paid under the agreement. It was held in this case that the contract had been frustrated by the non-occurrence of the event. The Coronation Procession was the foundation of the contract. However comparing this with Herne Bay where the defendant rented a boat from the claimant to take paying passengers to see a Naval Review that had been organised as part of the Edward VII events day. However this time it was held that the contract was not frustrated this was because neither the review nor the tour of the fleet were at the foundation of the