Paradine v Jane
The old rule of absolute contracts: a party who undertakes an obligation is bound to perform it whatever happens.
Facts
During the English Civil War, Paradine leased land to Jane. Prince Rupert, commanding a Royalist army, invaded the land and expelled Jane, keeping him out of possession for about three years. Paradine sued for the rent for that period. Jane argued that he should not have to pay rent for land he had been prevented from occupying by the King's enemies.
Legal principle
The court held that Jane had to pay the rent. Where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. Jane had undertaken an absolute obligation to pay rent and could not escape it because of events outside his control. The rule of absolute contracts was later relaxed by the doctrine of frustration, beginning with Taylor v Caldwell.
Related cases on frustration
- Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 335 (Ch)
- Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696
- Edwinton Commercial Corp v Tsavliris Russ (Worldwide Salvage and Towage) Ltd (The Sea Angel) [2007] EWCA Civ 547, [2007] 2 Lloyd's Rep 517
- Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32
- Gamerco SA v ICM/Fair Warning (Agency) Ltd [1995] 1 WLR 1226
- Herne Bay Steam Boat Co v Hutton [1903] 2 KB 683
- J Lauritzen AS v Wijsmuller BV (The Super Servant Two) [1990] 1 Lloyd's Rep 1
- Jackson v Union Marine Insurance Co Ltd (1874) LR 10 CP 125
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
