May 2019
« Jul    

Paradine v Jane; KBD 26 Mar 1647

References: [1647] EWHC KB J5, (1647) Aleyn 26, [1658] EngR 486, (1658) Sty 47, (1658) 82 ER 519 (C)
Links: Bailii, Commonlii
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.
This case is cited by:

  • Cited – Taylor and Another v Caldwell and Another QBD (Bailii, [1863] EWHC QB J1, (1863) 3 B & S 826)
    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 ([1981] AC 675, [1981] 1 All ER 161, Bailii, [1980] UKHL 8)
    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 . .

Last Update: 03-Sep-15 Ref: 248369

Leave a Reply