Module 7: Discharge of Contract Flashcards
Krell v Henry
Flat booked for viewing coronation. Not explicitly written in the contract why the flat was booked. Coronation canceled. Decided that there was an implication that the flat was booked for coronation. Ruled in favor of defendant.
Taylor v Caldwell
Taylor booked music hall for concerts from Caldwell. Music hall burned down a week before it was supposed to be used by Taylor. Taylor sued for breach. Decided that the contract was contingent on the existence of the music hall, and since the hall had burned down due to no fault of the defendant, the contract was voided.
Robinson v Davison
Defendant’s wife was supposed to perform at plaintiff’s concert, but became too sick. Court said she was not merely excused, but actually not at liberty to play. Frustration of contracts. Contract subject to her well-being.
Satyabrata Ghose v Mugneeram Bangur
Plot of land sold for earnest amount with balance to be paid later. Developer was supposed to build roads and drains, but the land was requisitioned by the Collector by the Defence of India act. Plaintiff given the option to get his earnest amount back or to pay the balance and get his land after the war ends. Plaintiff sued and won, court said that English provisions of frustration did not apply, and work had not started after the land was requisitioned meaning there was no impossibility.
F. A. Tamplin Steamship Co. Ltd. v Anglo Mexican Petroleum products.
A ship was chartered for 5 years. The government requisitioned the ship after 2.5 years and made structural changes. Shipowners claimed this determined the contract. Held that the contract continued to subsist.
Bhudra Chand v Betts
Defendant was supposed to deliver an elephant to the plaintiff but failed to do so. Defendant delivered an elephant but after the deadline after which it was too late. Held liable for breach since time was of the essence.
Hochster v De La Tour
Hochster was hired as a courier. He was told in advance that his services were not needed. He sued. The defendant argued that he could not sue until the contract was actually broken. Court held that he could be sued since there was an anticipatory breach of contract.
Devaynes v Noble (Clayton’s Case)
D died, and the firm went bankrupt after a year. At the time of D’s death, the firm owed 1717 to C. They gave him 1717, and he made further deposits which were not paid back. He could not sue D’s estate since the money owed by D was already paid because of the FIFO principle.
Avery v Bowden
Charterer told Master of ship to collect cargo from Odessa port from his agent. Agent refused to provide cargo. War broke out. Charterer sued. The court held that if the agent’s conduct amounted to an anticipatory repudiation of the contract, the master had elected to keep the contract alive until it was discharged by frustration on the outbreak of war.
