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Nicholl and Knight v Ashton, Eldridge & Co [1901] 2 KB 126

By contract the parties agreed that a cargo of cotton seed was to be shipped from Egypt to England. The contract specified the ship, The Orlando, which was to carry the cargo. This ship became damaged and was in for repairs when the contract was due to be performed.

Held: By naming the exact ship which was to carry the cargo, the contract was frustrated as it was impossible for this ship to carry the cargo within the contractually agreed period.

Back to lecture outline on Frustration in contract law