Chandler v Webster
Encyclopedia
Chandler v Webster [1904] 1 KB 493 is an English contract law
case, concerning frustration
. It is one of the many coronation cases
, which appeared in the courts after King Edward VII fell ill and his coronation was postponed.
to watch the King's coronation on June 26 1902 for £141 15s. It was understood between the parties that the money for the room should be paid before the procession. Mr Chandler had in fact hired the room not for himself, but for a customer. Ultimately the customer did not want the room, since a relative had died. On June 10 Mr Chandler wrote to Mr Webster saying,
Mr Chandler paid £100 on June 19, but then the King fell ill. The question was whether the £100 could be recovered by Mr Chandler, or whether Mr Webster could demand the balance.
and Mathew LJ held that the Mr Chandler was not entitled to recover the £100, and that the Mr Webster was entitled to payment of the balance. His right to that payment had accrued before the procession became impossible.
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
case, concerning frustration
Frustration
This article concerns the field of psychology. The term frustration does, however, also concern physics. In this context, the term is treated in a different article, geometric frustration....
. It is one of the many coronation cases
Coronation cases
The Coronation cases were a group of appellate opinions in English law cases, all arising out of contracts that had been made for accommodation for viewing the celebrations surrounding the coronation of King Edward VII, originally scheduled for June 26, 1902...
, which appeared in the courts after King Edward VII fell ill and his coronation was postponed.
Facts
Mr Webster agreed to let Mr Chandler a room on Pall MallPall Mall, London
Pall Mall is a street in the City of Westminster, London, and parallel to The Mall, from St. James's Street across Waterloo Place to the Haymarket; while Pall Mall East continues into Trafalgar Square. The street is a major thoroughfare in the St James's area of London, and a section of the...
to watch the King's coronation on June 26 1902 for £141 15s. It was understood between the parties that the money for the room should be paid before the procession. Mr Chandler had in fact hired the room not for himself, but for a customer. Ultimately the customer did not want the room, since a relative had died. On June 10 Mr Chandler wrote to Mr Webster saying,
“I beg to confirm my purchase of the first-floor room of the Electric Lighting Board at 7, Pall Mall, to view the procession on Thursday, June 26, for the sum of 141l. 15s., which amount is now due. I shall be obliged if you will take the room on sale, and I authorize you to sell separate seats in the room, for which I will erect a stand. If the seats thus sold in the ordinary way of business do not realize the above amount by June 26, I agree to pay you the balance to make up such amount of 141l. 15s.”
Mr Chandler paid £100 on June 19, but then the King fell ill. The question was whether the £100 could be recovered by Mr Chandler, or whether Mr Webster could demand the balance.
High Court
Wright J held that the plaintiff was not entitled to recover the 100l. which he had paid, and that, on the construction of the letter of June 10, it appeared that the balance was not payable until after the procession, and consequently the defendant was not entitled to recover on the counter-claim.Court of Appeal
Lord Collins MR, Romer LJMark Romer, Baron Romer
Mark Lemon Romer, Baron Romer PC was a British judge.Invested to the Privy Council in 1929, he was Lord Justice of Appeal from 1929 to 1938...
and Mathew LJ held that the Mr Chandler was not entitled to recover the £100, and that the Mr Webster was entitled to payment of the balance. His right to that payment had accrued before the procession became impossible.
See also
- Frustration in English lawFrustration in English lawFrustration in English law is an English contract law doctrine, which acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract...
- Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32
- Krell v Henry
- Herne Bay Steamboat Co v HuttonHerne Bay Steamboat Co v HuttonHerne Bay Steamboat Co v Hutton [1903] 2 KB 683 is a case on the subject of frustration of purpose. It is one of a group of cases arising out of the same event, known as the coronation cases.-Facts:...