ABSTRACT

LEGAL THEORY
CASE STUDY- TAYLOR vs. CALDWELL
Taylor v Caldwell1 is a landmark English contract law case, with an opinion delivered by
Justice Blackburn which established the doctrine of common law impossibility.
Brief Fact Summary.- The Plaintiffs sued the Defendants for breach of contract after the venue
the Plaintiffs contracted with the Defendants to use burned down.

Synopsis of Rule of Law-. When a situation arises, through no fault of either party to a contract,
that makes it impossible to perform under the contract, both parties are excused from performing
their respective duties under the agreement.
Facts. -The Defendants owned the Surrey Gardens and Music Hall. The Plaintiffs contracted
with the Defendants to use the hall for four days to give four grand concerts and day and
night fetes in the hall. Before the time of performance, through no fault of either party, the hall
was destroyed by fire. The Plaintiffs thereafter sued for breach of contract.

Issue. -Does the destruction of the venue, owned by the Defendants, that the Plaintiffs contracted
to use, excuse the parties performance under the agreement?
Held.- Yes. Impossibility, arising through no fault of the parties, excuses performance under a
contract. More specifically, where the performance of a contract depends upon the continued
existence of a thing, a condition is implied in the agreement that the impossibility of performance
arising from the perishing of the thing shall excuse performance. Here, the Surrey Gardens and
Music Hall was destroyed by fire. Since the fire was not the fault of either party and the
destruction of the hall rendered it impossible for the Plaintiffs to utilize the venue as intended,
the parties were excused from performing their respective duties.

1 [1863] EWHC QB J1

Researcher is looking forward for a detail analysis of the aforementioned case law in the final
project with reface to the principle laid down as well as the judgments cited.

SUBMITTED BY,
ANWESHA DAS
2015011
2ND YR , 3RD SEM