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Chandler V Webster
''Chandler v Webster'' 904 1 KB 493 is an English contract law case concerning frustration. It is one of several coronation cases which appeared in the courts after King Edward VII fell ill and his coronation was postponed. Facts Mr Webster agreed to let Mr Chandler a room on Pall Mall to watch the king's coronation on 26 June 1902 for £141 15s (). It was understood between the parties that the money for the room should be paid before the procession. Mr Chandler hired the room with the intention of erecting a stand and selling tickets. On 10 June Mr Chandler wrote to Mr Webster saying: Mr Chandler paid £100 on 19 June but then the king fell ill. The question was whether the £100 could be recovered by Mr Chandler, or whether Mr Webster could demand the balance. Judgment High Court Wright J held that the plaintiff was not entitled to recover the £100 which he had paid, and that, on the construction of the letter of 10 June, it appeared that the balance was not payabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Collins, Baron Collins
Richard Henn Collins, Baron Collins (31 January 1842 – 3 January 1911) was an Anglo-Irish lawyer and judge. Life Born in Dublin, Collins was educated at the Royal School Dungannon and Trinity College Dublin (where he was elected a Scholar), and Downing College, Cambridge. In 1867, he was called to the English bar and joined the northern circuit. He was made a Queen's Counsel in 1883 and a judge in 1891. Having made a Lord Justice of Appeal in 1897, he was appointed also to the Privy Council. In October 1901, Collins became Master of the Rolls after the death of Sir Archibald Smith, and the following month was appointed to the accompanying post of Chairman of the Historical Manuscripts Commission. He received the honorary degree LL.D. from the University of Cambridge in May 1902. On 6 March 1907 he was appointed a Lord of Appeal in Ordinary, receiving additionally a life peerage with the title Baron Collins, ''of Kensington in the County of London''. He resigned as Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Romer
Sir Robert Romer (23 December 1840 – 19 March 1918) was a British judge. He was a High Court judge 1890-1899, and a Lord Justice of Appeal 1899-1906 when he was known as Lord Justice Romer. Biography Romer was born in Kilburn, Middlesex. He attended St John's School, Leatherhead (in Surrey) and excelled at mathematics at Trinity Hall, Cambridge where he was Senior Wrangler in 1863 (the first from Trinity Hall) and was joint winner of Smith's Prize in that year. Following the premature late 1864 death of George Boole, the first professor of maths at Queen's College, Cork, Romer beat out Robert Ball for the vacant position, however he only stayed in Cork from 1865 to 1866. He became QC in 1881, and a bencher of Lincoln's Inn in 1884. The same year he unsuccessfully stood as the Liberal candidate in Brighton. In 1890 he was appointed High Court judge and assigned to the Chancery Division, receiving the customary knighthood. He served as such until 1899, when he was appo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Charles Mathew
Sir James Charles Mathew (10 July 1830 – 9 November 1908) was an Irish-born judge. Born in an Irish Catholic family in Cork, Mathew was educated at the largely Protestant Trinity College, Dublin, before joining the English bar. In 1881, although still a junior barrister, he was appointed to the High Court of Justice, where he sat in the Queen's Bench Division and was said to be the best ''nisi prius'' judge of his time. He was promoted to the Court of Appeal in 1901, before resigned from the bench due to health reasons in 1905. Mathew was a driving force behind the creation of Commercial List in 1895, the forerunner of the modern Commercial Court, and was the first judge in charge of the List. Early life and education Mathew was born at Lehenagh House, Cork, on 10 July 1830, the eldest son of Charles Mathew by his wife Mary, daughter of James Hackett of Cork. The Temperance campaigner Father Theobald Mathew was his uncle, and it was largely due to his representations that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frustration
In psychology, frustration is a common emotional response to opposition, related to anger, annoyance and disappointment. Frustration arises from the perceived resistance to the fulfillment of an individual's will or goal and is likely to increase when a will or goal is denied or blocked. There are two types of frustration: internal and external. Internal frustration may arise from challenges in fulfilling personal goals, desires, instinctual drives and needs, or dealing with perceived deficiencies, such as a lack of confidence or fear of social situations. Conflict, such as when one has competing goals that interfere with one another, can also be an internal source of frustration or annoyance and can create cognitive dissonance. External causes of frustration involve conditions outside an individual's control, such as a physical roadblock, a difficult task, or the perception of wasting time. There are multiple ways individuals cope with frustration such as passive–aggressi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coronation Cases
The Coronation cases were a group of appellate opinions in English law cases, all arising out of contracts that had been made for accommodation for viewing the celebrations surrounding the coronation of King Edward VII and Queen Alexandra, originally scheduled for 26 June 1902. Many owners of buildings along the coronation procession route had rented their front rooms to others who hoped to guarantee themselves a view of the procession, or rented out boats from which to watch the associated naval review. The king fell ill with an abscess of the abdominal wall two days before the planned coronation and it was postponed until 9 August. The renters were not inclined to pay top prices—or pay at all—for rooms on an ordinary day.R. G. McElroy and Glanville Williams,The Coronation Cases—I, ''The Modern Law Review'' Vol. 4, No. 4 (Apr., 1941), pp. 241-260. In general, the contracts were voided on the ground of frustration of purpose. Certain contracts which did not mention that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
King Edward VII
Edward VII (Albert Edward; 9 November 1841 – 6 May 1910) was King of the United Kingdom of Great Britain and Ireland and Emperor of India, from 22 January 1901 until his death in 1910. The second child and eldest son of Queen Victoria and Prince Albert of Saxe-Coburg and Gotha, and nicknamed "Bertie", Edward was related to royalty throughout Europe. He was Prince of Wales and heir apparent to the British throne for almost 60 years. During the long reign of his mother, he was largely excluded from political influence and came to personify the fashionable, leisured elite. He travelled throughout Britain performing ceremonial public duties and represented Britain on visits abroad. His tours of North America in 1860 and of the Indian subcontinent in 1875 proved popular successes, but despite public approval, his reputation as a playboy prince soured his relationship with his mother. As king, Edward played a role in the modernisation of the British Home Fleet and the reorgan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pall Mall, London
Pall Mall is a street in the St James's area of the City of Westminster, Central London. It connects St James's Street to Trafalgar Square and is a section of the regional A4 road. The street's name is derived from pall-mall, a ball game played there during the 17th century, which in turn is derived from the Italian ''pallamaglio'', literally ball-mallet. The area was built up during the reign of Charles II with fashionable London residences. It is known for high-class shopping in the 18th century until the present, and gentlemen's clubs in the 19th. The Reform, Athenaeum and Travellers Clubs have survived to the 21st century. The War Office was based on Pall Mall during the second half of the 19th century, and the Royal Automobile Club's headquarters have been on the street since 1908. Geography The street is around long and runs east in the St James's area, from St James's Street across Waterloo Place, to the Haymarket and continues as Pall Mall East ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Reform (Frustrated Contracts) Act 1943
The Law Reform (Frustrated Contracts) Act 1943 is an Act of the Parliament of the United Kingdom which establishes the rights and liabilities of parties involved in frustrated contracts. It amends previous common law rules on the complete or partial return of pre-payments, where a contract is deemed to be frustrated, as well as introducing a concept that valuable benefits – other than financial benefits – may also be returned. It applies only to contracts governed by English law. Background In English contract law, a contract which is found to be frustrated – that is, one that is rendered impossible to perform or whose purpose is thwarted through no fault of the contracting parties – will halt all performance of duties thereafter, and end all contractual obligations.Halson, p. 427 Such a result could bring about inequitable results for parties making pre-payments or deposits. An example can be found in the case of ''Chandler v Webster''. Mr Webster contracted to rent a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frustration In English Law
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract. Historically, there had been no way of setting aside an impossible contract after formation; it was not until 1863, and the case of '' Taylor v Caldwell'', that the beginnings of the doctrine of frustration were established. Whilst the doctrine has seen expansion from its inception,Koffman, Macdonald, p. 520 it is still narrow in application;Halson, p. 419 Lord Roskill stated that "the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains." Development of the doctrine Early cases such as '' Paradine v Jane'' show the historical line that the courts took toward a frustration of purpose in contract; here, the courts held that where land under lease to the def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fibrosa Spolka Akcyjna V Fairbairn Lawson Combe Barbour Ltd
is a leading House of Lords decision on the doctrine of frustration in English contract law. Facts Fibrosa was a textile company based in Wilno, Poland (today Vilnius, capital of Lithuania). In July 1939, it entered into a contract with Fairbairn, a British firm, to buy industrial machinery for its plant in Gdynia for £4,800. The contract was signed on 12 July 1939 and, the following week, Fibrosa made an advanced payment of £1,000. The machines were expected to arrive within three to four months. On 1 September 1939, Poland was invaded by Nazi Germany. The United Kingdom declared war on Germany on 3 September, entering World War II. The following week, Fibrosa's agents contacted Fairbairn to request that the initial £1,000 payment be refunded as the contract's execution as "it is now quite evident that the delivery of the machines on order for Poland cannot take place". Fairbairn refused. On 1 May 1940, Fibrosa's agents initiated legal proceedings. The lower courts sided w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Krell V Henry
''Krell v Henry'' 9032 KB 740 is an English case which sets forth the doctrine of frustration of purpose in contract law. It is one of a group of cases, known as the "coronation cases", which arose from events surrounding the coronation of King Edward VII and Queen Alexandra in 1902. Facts The defendant, CS Henry, agreed by contract on 20 June 1902, to rent a flat at 56A Pall Mall from the plaintiff, Paul Krell, for the purpose of watching the coronation procession of Edward VII scheduled for 26 and 27 June. The housekeeper of the premises had informed Henry that he would have an excellent view of the procession from the room. Desiring to secure the rental of Krell's flat for the purpose of observing the coronation procession, Henry wrote the following letter to Krell's solicitor: I am in receipt of yours of the 18th instant, inclosing form of agreement for the suite of chambers on the third floor at 56A, Pall Mall, which I have agreed to take for the two days, the 26t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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