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Chandler v Webster (1904)
Created by Chief Lawiki on 21 October 2009, at 16:17



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Chandler v Webster
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Court Court of Appeal
Citation(s) [1904] 1 KB 493
Judge(s) sitting Lord Collins MR, Romer LJ and Mathew LJ
Keywords
Frustration
[1904] 1 KB 492. The claimant rented a hotel room from the defendant to watch the coronation of King Edward VII. He paid a deposit and agreed to pay the balance on the day. In the event, the King became ill and the coronation was cancelled. The claimant argued that the contract was frustrated, and so he was entitled to the return of his deposit. The Court held that the contract was indeed frustrated, but the claimant could not recover his deposit. Indeed, he was not even released from his obligation to pay the balance. This was because it was the rule at common law that losses 'lie where they fall' if a contract was frustrated. Although frustration released the contracting parties from any further obligations, obligations that arose before the supervening event were not nullified. This was a harsh rule, and it was eventually partially overruled by the House of lords in The fibrosa (1943).
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