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Legal Provisions: Doctrine of frustration of contracts

Case in brief:

 Krell, the plaintiff, owned an apartment from which the Coronation Procession of King
Edward the Seventh was visible.
 The defendant, Henry, contracted to rent the apartment from Krell on the day of the
procession and paid a 25-pound deposit. However, the King fell ill, and the coronation was
postponed.
 Henry refused to pay the remaining balance of the contracted rent which was 50 pound,
Krell sued for this remaining balance and Henry countersued for the original deposit back

Judgment given by the court:

 The decision was in favour of the defendant, as both parties recognized that they regarded
the taking place of the coronation processions on the days originally fixed as the foundation
sof the contract, the words of the obligation on the defendant to pay for the use of the flat
for the days named were not used with reference to the possibility that the processions
might not take place.
 Krell, the plaintiff was not entitled to recover the balance of the rent fixed by the contract.

Conclusion:

According to the frustration of purpose doctrine, non-performance of the contract may be excused if
the purpose for which the parties entered into the contract is frustrated by an event that was not
contemplated by the parties at the time of the contract

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