Contract – War – Mines and Minerals – Suspensory Condition – Applicability of the Condition.
The respondents were entitled, under a contract with the appellants for a supply of ore, to determine the contract in the event of war affecting the mine. Owing to loss of business with Germany caused by the war the mine was closed. The respondents claimed to determine the contract, although it was still possible for them to supply the appellants with ore from previous accumulations. The appellants claimed that the effect of the war upon the mine was not sufficiently direct to make the condition operative. Held that the mine was affected by the war, although its closing was not directly caused by the operations of war.
Citations:
[1917] UKHL 636, 54 SLR 636
Links:
Jurisdiction:
England and Wales
Contract
Updated: 15 September 2022; Ref: scu.630998