Poussard v Spiers and Pond

Breach of a condition that goes to the root of the contract entitles the innocent party to terminate.

Citation
(1876) 1 QBD 410
Court
Court of Queen's Bench
Year
1876
Subject
Contract Law
Topic
Terms of the contract

Facts

Madame Poussard was engaged by Spiers and Pond to play the leading role in a new French opera at the Criterion Theatre in London for three months, starting on the opening night. Shortly before the opening, she fell ill and could not perform at the first performances. The producers engaged a replacement singer, who insisted on being engaged for the whole run. When Madame Poussard recovered about a week later, the producers refused to let her take up the part, and she sued for breach of contract.

Legal principle

The court held that the producers were entitled to treat the contract as discharged. Madame Poussard's failure to appear on the opening night and the first performances went to the root of the contract, because the opening of a new production was of great importance and the producers could not reasonably have been expected to engage a substitute only for the period of her absence. Her obligation to perform from the start was therefore a condition, the breach of which entitled the producers to terminate. The case is usually contrasted with Bettini v Gye.

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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.

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