The defendant tenant had had his house occupied by an invading army and he sought to be excused from paying rent.
Held: ‘where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused.’ and ‘when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.’
The performance of absolute promises is not excused by supervening impossibility of performance.
Citations:
[1647] EWHC KB J5, (1647) Aleyn 26, [1658] EngR 486, (1658) Sty 47, (1658) 82 ER 519 (C)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Taylor and Another v Caldwell and Another QBD 6-May-1863
The defendants had agreed to hire a hall to give four concerts, but it burned down before they were to start.
Held: Blackburn J said: ‘where, from the nature of the contract, it appears that the parties must from the beginning have known that . .
Cited – National Carriers Ltd v Panalpina (Northern) Ltd HL 11-Dec-1980
No Frustration of Lease through loss of access
The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated.
Held: The lease was not frustrated. The lease had a term of ten . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Contract
Updated: 09 July 2022; Ref: scu.248369
