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Taylor v Caldwell (1863) 3 B & S 826

The claimant hired out a music hall in Surrey for the purpose of holding four grand concerts. The claimant went to great expense and effort in organising the concerts. However, a week before the first concert was due to take place the music hall was destroyed by an accidental fire. The claimant sought to bring an action for breach of contract for failing to provide the hall and claiming damages for the expenses incurred.

Held:

The claimant's action for breach of contract failed. The contract had been frustrated as the fire meant the contract was impossible to perform.

Back to lecture outline on Frustrated contracts