Robinson v Davison
A contract for personal services is frustrated if the person who is to perform becomes too ill to do so.
Facts
Mrs Davison, a pianist, agreed to play at a concert organised by Robinson on a particular date. On the day of the concert, she was too ill to perform, and she sent a message explaining her illness. Robinson sued her husband for damages for breach of contract.
Legal principle
The court held that the contract was discharged by Mrs Davison's illness, so she was not liable. A contract to perform personal services, which can only be performed by the particular person, is subject to an implied condition that the person remains in a fit state of health to perform them. Her incapacity through illness, without fault on her part, discharged the contract.
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.
