Just a little aid for your law work. A new law meant a license was needed to use otter trawls. CONDOR v BARRON KNIGHTS (1966) - Impossibility ( incapacity to perform personal services) His medical condition prevented him (made it impossible) to perform his contractual obligations. Condor brought action that he should not have been dismissed from the contract The band ended the contract with the drummer because he was only allowed to do a certain number of concerts instead of all of them due to his illness, Held: The drummer could not take action for wrongful dismissal because he could not meet his obligations due to illness. The Control of Timber Order 1939 made further transactions illegal, Facts: A manufacturing company contracted to supply machinery to a Polish company. They sailed through the war zone thinking it would be okay breaking the clause as their alternative route would have taken forever. He brought a claim for wrongful dismissal. We believe that human potential is limitless if you're willing to put in the work. Condor v The Barron Knights 1 WLR 87 Facts: The plaintiff, a musician, was expected to perform at a concert. WW2 started, leading to the government making it illegal for a British company to trade with Poland, Facts: The Defendant hired the claimant's ship to view the Naval Review - which was part of King Edward VII's coronation celebrations - and to offer a cruise for passengers. The band dismissed him from playing. Supervening illegality. They will have no liability to each other. Avery v Bowden. Robinson v Davison involved a piano player who became ill prior to a concert he was contracted to play in; the contract was held to be frustrated. ~~ Taylor v Caldwell ~~ Condor v Baron Knights ~~ Fibrosa Spolka v Fairbairn ~~ ~~ Krell v Henry ~~ Nicholl & Knight v Ashton ~~ Herne Bay Steam Boat v Hutton ~~ ~~ Davis Contractors v Fareham UDC ~~ Peter Cassidy Seed v Osuustukkuk ~~ lord radcliffe- problem must arise without the default of The claimant suffered a mental breakdown and was told by his doctor that he should not perform more than 4 nights per week. The defendant thought during the war he was not paying the rent because he had been told to leave. "Condor V Barron Knights 1966" Essays and Research Papers . Barron Knights. Only full case reports are accepted in court. Offer; Acceptance; Consideration; Frustration Some money waspaid up front and the rest to be given on delivery. ⇒ Lord Radcliffe stated that there is frustration when “the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract”, Facts: This case involved an agreement for the sale of timber. A similar result can be seen in Condor v The Baron Knights. The doctrine developed incrementally on a case by case basis. They agreed to build certain number of houses for the the defendant (78 houses for £94,000). Facts: A contract was entered to let out a music hall and gardens to the plaintiffs (i.e. Frustration Non-occurance of an event- sol purpose of the contract Flat for 1 night for Queens corination. And before you come back with more nonsense, do a bit of research on Condor v The Barron Knights Ltd 1966 or Krell v Henry 1903. The defendant said that there was frustration. Facts: A ship was chartered to the defendant to use for “otter trawls”. Home; About the Case Law Files; Contract Law. © 2020 Digestible Notes All Rights Reserved. This essay will examine the case of Auspicious Sdn Bhd vs the Management of “The Embrace”. In the 1966 case of Condor v Barron Knights Ltd the courts held that personal incapacity caused by illness was capable of frustrating a contract to provide a service. Krell v Henry. We do not provide advice. Condor v The Baron Knights [1966] 1 WLR 87. Facts: The plaintiff, a musician, was expected to perform at a concert. He was Deputy Lieutenant of the West Midlands in 1985 and was created a life peer on 22 July 1987 as Baron Knights, of Edgbaston in the County of West Midlands. Knights was promoted to a Commander (CBE) in 1976 and knighted in 1980. It was necessary to engage Key Case Condor v Barron Knights (1966) 29. Frustration occurs also when the person engaged under a contract of personal service becomes unavailable. 11 - 20 of 500 . Held: Condor v Baron Knights [1966] A 16 year old agreed by contract to play the drums for the defendant band for 7 nights per week for 5 years. The case brings to light whether Auspicious Sdn Bhd or the management has breached the contract. This site uses cookies to improve your experience. Many believed this decision to be too strict and unjust. Material facts . The contract said they would lease a timber yard to Denny, who would have an opportunity to purchase it at a later date. Edward Lottian Condor, a talented drummer, was contracted to play seven nights per week with the Barron Knights pop group, when he had a minor nervous breakdown. Contract was frustrated. There has been more difficulty for the courts in deciding …  Avery v Bowden (1855) 5 E & B 714 - the law or subsequent illegality. Condor V Barron Knights 1966. Condor v Barron Knights Ltd [1966] 1 WLR 87. The claimant applied for 5 licenses, but only got 3.  Taylor v Caldwell (1863) 3 B & S 826 - Performance of a contract may be impossible  Condor v The Barron Knights Ltd 1 WLR 87 - The death or incapacity of a party to a contract of personal service. In other words, value was still present in the contract, Facts: Shipowners agreed to let a charterer hire their ship and use it for 10 months. Held: The court rejected that plea. They agreed to have them delivered in 3-4 months. A drummer engaged to play in a pop group was contractually bound to work on. Held: There was NO frustration because the claimant induced the frustration - he could have given the defendant a license to fulfil the contract! 2d 79 (Wis. 1966) History David Le Barron was sentenced to 15 years in prison for attempted rape. Website He appealed and the Wisconsin Supreme Court affirmed the conviction. The claimants said they were entitled to get their money under The Law Reform (Frustrated Contracts) Act 1943. Non-availability of one of the parties. Held: California Condor Repopulation. Mar 17, 2020 #574 Cridge said: Until we know what is worded within the contracts, it’s impossible to know if there has been a breech. the claimants). However, in terms of the strict interpretation of freedom of contract this decision is fine - if they wanted to avoid such a situation they should have contractually agreed to avoid it! A war clause said the ship would not sale anywhere dangerous. advised that it was only safe to employ him on four nights a week, although. So, the defendant could not use the ship to fish. IMPORTANT:This site reports and summarizes cases. Facts: The drummer with a pop group was taken ill. Medical opinion was that he would only be fit to work three or four nights a week, whereas the group had engagements for seven nights a week. Condor signed a contract to play as a drummer in a band (Barron Knights) for 7 nights each week for 5 years. Taylor v Caldwell. The defendant did not want to go through with contract when the king was ill, which postponed the coronation, Held: The Court of Appeal held that the contract had been frustrated, even though performance was possible. Condor v Barron Knights. In the personal service contract, contract may also be frustrated when the person become incapacity to perform his duty. So, as the Court of Appeal put it, the “foundation of the contract” still existed. Held: His contract of employment was discharged by frustration. An agreement was made by a 16 year old drummer to perform in a band seven nights a week, sometimes twice a day. The band dismissed him. 0. flobadob Posts: 11,934. It's quite a famous law case with Condor v The Barron Knights. The council closed the road that gave access to the warehouse, resulting in restricted access to it for over a year, Held: The court held there was no frustration as the purpose of contract was still alive (his rights to the property were not intervened with enough), Facts: The defendant was renting a farm. If absolute obligation had applied the plaintiffs could have taken legal action against the defendants for breach of contract, ⇒ Blackburn J approached absolute obligations on implied terms basis, believing it to be the presumed intention the hall would be in existence and because it didn’t exist they should be excused from the contract, Facts: The Suez canal became a dangerous area. The defendant claimed this frustrated the contract, Held: No frustration because it was self-induced as they had allocated the wrong ship, Facts: The defendant agreed to transport some peanuts by ship from Sudan to Hamburg. The ship was impounded as the canal closed. CTI GROUP INCORP v TRANSCLEAR SA, THE MARY NOUR (2008) - Exception to impossibility by destruction of the subject matter. Condor v Barron Knights Krell v Henry Herne Bey Steamboat Co. v Hutton Taylor v Caldwell. Personal incapacity will generally refer the contract frustrated if the court is satisfied that the work to be done could only be done by the particular individual who is unavailable. Contract was not frustrated (contract still had commercial value) Parker v Arthur Murray . The shipowners did not believe the government would have this ship long so asked the charter whether they would still like the ship after the government had finished with it – they said yes. Facts: A warehouse was leased out for a 10 year period. Facts: A ship was chartered to deliver some cargo. Held: The House of Lords rejected their argument saying there had not been frustration. Setting a reading intention helps you organise your reading. Music hall was the subject in this contract. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. The shipowners said they were bound to hire the ship because they agreed to hire the ship after discovering the frustrating event, Held: The House of Lords said that the frustrating even automatically discharged both parties from their obligations and the contract, FOOL-PROOF methods of obtaining top grades, SECRETS your professors won't tell you and your peers don't know, INSIDER TIPS and tricks so you can spend less time studying and land the perfect job. The claimant mamed 3 ships that would have a license but excluded the ship that was to be used by the defendant. Le Barron v.State 145 N.W. Before making any decision, you must read the full case report and take professional advice as appropriate. Either the person has passed away or became mentally disabled. Cutter v Powell [1795] 6 TR 320 Defendant engaged plaintiff, to work on a ship on a voyage from Jamaica to England. The houses were built but it took the claimants 14 months and cost them £115,000. Condor suffered a mental breakdown and on doctors advice was told that he could only perform for 4 nights a week. Discharge by Performance • Once contract performed, payment received, the contractual obligations & the parties are discharged. What was the rationale given for frustration in the case of Hirjii Mulii v Cheong Yue Steamship Co Ltd (1926)? The plaintiff had contracted with the defendants, but became ill and was unable to complete the contract. The claimant suffered a mental breakdown and was told by his doctor that he should not perform more than 4 nights per week. The claimant said there was breach of contract, Held: Lord Denning said there was no frustration because they cannot rely on self-induced frustration, Facts: The defendant agreed they would deliver some equipment for drilling belonging to the claimants - two ships had the ability to deliver it. Facts Jodean Randen, a housewife, wass walking home when she crossed paths with the Le Barron.He grabbed her and demanded her purse. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk, Pan Atlantic Insurance Co Ltd and Another v Pine Top Insurance Co Ltd: CA 1993. Where there is personal incapacity or death Case: Condor v Barron Knights 1966 The plaintiff aged 16, contracted to perform as drummer in a pop group. The proceeds of this eBook helps us to run the site and keep the service FREE! William Tell overture / Poem for the aged / Yakety yak / Charlie Brown / I second that emotion After the contract was entered, but before the concert itselg, the music hall was destroyed by fire. seven nights a week when work was available. Frustration Subject-matter of the contract is destroyed. He broke down and was admitted to hospital. 4. Updated: 01 December 2020; Ref: scu.427354 br>. The band dismissed him. Knights was awarded the Queen's Police Medal in 1964 and then appointed an Officer of the Order of the British Empire (OBE) in 1971. Krell v Henry. Digestible Notes was created with a simple objective: to make learning simple and accessible. He broke down and was admitted to hospital. 2 of 20. Before the delivery that ship sank. The king was ill so the coronation was postponed, Held: The contract was NOT frustrated because the cruise could still be done (so the commercial purpose still existed). Illness led to frustration in Condor v The Barron Knights [1966] ⇒ Temporary impossibility. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. During the time of the contract the Suez canal was closed – so even though the peanuts could still technically be delivered on time it would take 4 times longer and be much more expensive, Held: There was NO frustration. Condor himself was willing to work every night. ✅ Research Methods, Success Secrets, Tips, Tricks, and more! • General rule – contract must be performed as to what was agreed – entire contracts. The band ended the contract with the drummer because he was only allowed to do a certain number of concerts instead of all of them due to his illness See above for the quote of Blackburn J.Condor v The Baron Knights [1966] 1 WLR 87A drummer engaged to play in a pop group was contractually bound to work on seven nights a weekwhen work was available. This example of frustration can be seen in the case of Condor v The Barron Knights on December 8th 1962. Metropolitan Water Board v Dick, Kerr and Co. Government intervention. Held: His defence of frustration succeeded. However, the ship was not given back until about 2 years later – now the charterer was no longer happy to hire the ship. Herne Bay Steamboat Co v Hutton. Academia.edu is a platform for academics to share research papers. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Law Reform (Frustrated Contracts) Act 1943 1(3), Hicks v Russell Jones and Walker: 27 Oct 2000, In re D (Simultaneous applications for care order and freeing order): 1999, VINA SAN PEDRO, THE VINYARD OF – O/363/03: TMR 24 Nov 2003, Anderson v Hills Automobiles (Woodford) Ltd: 1965, EASYPOINTS/EASYPOINTS/EASYJET COM THE WEB’S FAVOURITE AIRLINE/EASYGIRO: TMR 17 Nov 2003, Re Leigh’s Will Trusts; Handyside v Durbridge: ChD 1970, Lockley v National Blood Transfusion Service: CA 1992, Attorney-General v Vernazza, In Re Vernazza: CA 1959, Secretary of State for the Home Department v Central Broadcasting Limited: 1993, Sharpe Re, Ex parte Trustee of the Bankrupt v Sharpe: ChD 30 Jul 1979, James Smith and Sons (Norwood) Ltd v Goodman: CA 1936, Re Chaffers, ex parte Attorney General: 1897, In re National Arms and Ammunition Co: CA 1885, Leech v Secretary of State for Scotland: SCS 1991, National Provincial and Union Bank of England v Charnley: 1924, Davies v Eli Lilly and Co (Opren Litigation): CA 1987, Regina v Board of Visitors of Hull Prison, Ex parte St Germain (No 2): CA 1979, Regina (C) v London South and West Region Mental Health Review Tribunal: CA 2001, In re Progress Assurance Co Ex parte Liverpool Exchange Co: 1870, In re Atlantic Computer Systems Plc: CA 1992, In re ABC Coupler and Engineering Co Ltd (No 3): ChD 1970, In re Lundy Granite Co; Ex parte Heavan: CA 1871. The Super Servant II was given the task of delivery. Condor v The Barron Knights, 1966 Condor v The Barron Knights Ltd, at Bedford Assizes on 19th October 1965, reported at [1996] 87 WLR (Weekly Law Reports) Case Summary The claimant in Condor V Baron Knights (1966) suffered from a mental breakdown which was diagnosed by the doctor. Condor v The Barron Knights. Condor v Baron Knights: 1966 The plaintiff had contracted with the defendants, but became ill and was unable to complete the contract. After setting off it ran aground. In-text: (CCC Films (London) Ltd v Impact Quadrant Films Ltd, [1985]) Your Bibliography: CCC Films (London) Ltd v Impact Quadrant Films Ltd [1985] (QB), p.16. [1966] 1 WLR 87 Law Reform (Frustrated Contracts) Act 1943 1(3) Cited by: These lists may be incomplete. Frustration Incapacity to perform a contract of personal service. Just before the start of the 10 months that the charter could have the ship for the government demanded the ship. The contract being more expensive and longer cannot lead to its frustration. He brought a claim for wrongful dismissal. Facts: The claimants were contractors. Condor v Barron Knights Ltd. His duties, when the group had work, were to play on every night of the week. Condor v Baron Knights [1966] 1 WLR 87 A 16 year old agreed by contract to play the drums for the defendant band for 7 nights per week for 5 years. Held: It was impossible to perform the contract, so the parties did not have any more obligations under the contract because both parties know the contract depended on the continued existence of the music hall. The Ccarterers claimed the contract was frustrated. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. 42 Winger. identity important to the band . After an illness, Condor’s doctor. Condor v Barron Knights 1966 Personal service - supervening incapacity; If a contract has been drawn up for a particular person to perform a service, an intervening even which prevents that will be sufficient to frustrate the contract. Although there was no time limit on delivery it was implied it should be delivered in “reasonable time”, Held: The contract was frustrated as it would be many months before it could be ready to sail again, Facts: The defendant wanted to use Krell’s flat to view the king's coronation. The contract stated that the defendant would have the flat for two days for £75. Held: His defence of frustration succeeded. They agreed to build the houses in 8 months.However, because it was straight after the war there was a shortage of labour and rationing of supply. 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