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LANDMARK CASE

Taylor v. Caldwell

(1863) 3 B and S 826 · Court of Queen's Bench (UK) · Contract law

At a glance

  • Citation: (1863) 3 B and S 826
  • Court: Court of Queen's Bench (UK)
  • Area of law: Contract law
  • In one line: No. The contract was discharged because performance became impossible.

1 Facts

A music hall hired for concerts burned down before the performances.

2 Issue

Is the hirer liable for failing to provide the hall?

3 What the court decided

No. The contract was discharged because performance became impossible.

4 Why it matters

The origin of the doctrine of frustration.

5 Think about it

Compare with Satyabrata Ghose.

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Contract law

  • Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas AIR 1966 SC 543
  • Carlill v. Carbolic Smoke Ball Co. [1893] 1 QB 256
  • Central Inland Water Transport Corporation v. Brojo Nath Ganguly (1986) 3 SCC 156
  • Energy Watchdog v. Central Electricity Regulatory Commission (2017) 14 SCC 80
  • Fateh Chand v. Balkishan Dass AIR 1963 SC 1405
  • Felthouse v. Bindley (1862) 11 CB (NS) 869

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