ANGLAIS
Elise Ldn
Created on January 30, 2022
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Transcript
Frustration
START
PRESENTATION
- The doctrine of frustration of purpose originated in cases called “coronation cases”.
- The frustration of purpose : un unexpected and out of control event after the formation of the contract.
- The event : makes it impossible to fulfill the contract or transforms the obligation to perform into a radically different obligation from the one taken at the formation
- Impossibility : concerns the duties specified in the contract ≠ frustration of purpose concerns the reason a party entered into the contract.
Introduction
The coronation of King Edward VII and Queen Alexandra in 1902.
Before the Coronation the King suffered from an injury ⤍ the coronation was canceled.
I want a place to observe the coronation’s procession of the new King on 26 and 27 June
M. Henry
I can rent you my apartment, you will have an excellent view of the procession from the room.
M. Krell
Facts
Facts
Krell v. Henry
Henry paid a deposit of £25 to be sure that he could stay in the flat. The letter also said that he would pay £50 to complete the final price of £75 once he arrived at the place.
I'd like to go on a day's cruise and I want to attend the naval review, at which the King was supposed to appear
M. Hutton
We can do this on the dates that suit you, 28 and 29 June
Herne Bay Steamboat Co
Facts
Facts
Herne Bay Steamboat Co v Hutton
The naval review was canceled due to the King’s illness so the defendant did not use the steamship and refused to pay.
The Steamship considered that Mr Hutton had to pay because the contract was not only about the naval review. The contract contains 2 objects
- Take the passengers to view the Naval Review which was part of King Edward VII's coronation celebrations.
- And a day’s cruise around the fleet.
Both cases ended up in the English courts
Procedure
M. Hutton
Company
M. Henry
- The Steamship Cynthia sued Mr Hutton because they wanted to recover a part of the rent that the defendant owed them
Plaintiff
Defendant
Plaintiff
Procedure
Defendant
- Krell brought suit against Henry to recover the remaining balance of £50, and Henry countersued to recover his deposit in the amount of £25.be
M. Krell
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Decision
Win
Loose
Henry
Krell
Krell lost in the Trial Court, he appealed in front of the Court of Appeal who dismissed the plaintiff’s and confirmed the judgment. The trial court held that the postponement of the coronation defeated the purpose of the contract, which was to license the flat for the purpose of viewing the coronation.
The court said
Decision
Win
Loose
Herne Bay Steamboat Co
Hutton
The court said
The court considered that the contract was not only about the naval review but was also about “a day’s cruise around the fleet”. The cancellation of an event that the contract is made for, does not frustrate the contract when the contract is not unique to the event. for the Court the second purpose was still entirely possible
The cases deal with the consequences of the cancellation of the procession due to the King’s illness. The two decisions can be explained by the difference of the agreements :
- Krell v. Henry : the only reason why Henry wanted to rent the flat was to attend the procession and it was clear between the two parties of the contract.
- Steamboat : the boat was rented for 2 reasons and only one of them was unrealisable. The rent of the ship was made to witness the naval review and for a cruise
COMPARISON
TEAM
Elise
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