Impossibility of Performance in UK Law

  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 Junio 1942
    ...... ( a ) for damages for breach of contract, ( b ) for specific performance—an obviously hopeless claim—or, alternatively, return of the £1,000 ...Where the non-completion arose through impossibility of performance, the freight could not be recovered back." In Civil ......
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 Octubre 2002
    ...... in accordance with its terms something different from the performance that the parties contemplated. This is the type of mistake which fell to ... based on the ground of mutual mistake, or on the ground of impossibility of performance." . 53 He put at the ......
  • National Carriers Ltd v Panalpina (Northern) Ltd
    • House of Lords
    • 11 Diciembre 1980
    ......Jane ( Aleyn 26 ) is that the performance of absolute promises is not excused by supervening impossibility of ......
  • Joseph Constantine Steamships Line v Imperial Smelting Corporation
    • House of Lords
    • 09 Mayo 1941
    ...... to excuse the Appellants from having to pay damages for non-performance unless the Appellants establish affirmatively that the explosion occurred ... of a given person or thing a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall ......
  • Southern Foundries (1926) Ltd v Shirlaw
    • House of Lords
    • 22 Abril 1940
    ...... to amount to himself "of his own motion" bringing about the impossibility of performance is in itself a breach. If A promises to marry B and before ......
  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Diciembre 1931
    ...... forth or to the refusal on the same ground to decree specific performance, though I think in accordance with such doctrines and practice the same ......
  • Krell v Henry
    • Court of Appeal
    ....... . Contract - Impossibility of Performance - Implied Condition - Necessary Inference - Surrounding ......
  • Johnson v Agnew
    • House of Lords
    • 08 Marzo 1979
    ...... 1974 (being the date of entry of the said Order for specific performance dated 12th November 1974)" and inserting "3rd April 1975 (being the first ... to the conclusion that this non-completion, and the ultimate impossibility of completion, was the fault of the purchaser. I agree with their ......
  • Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd
    • House of Lords
    • 21 Mayo 1997
    ......The Facts . . 7 A decree of specific performance is of course a discretionary remedy and the question for your Lordships is ..., is to reject as a reason against granting relief, the impossibility for the courts to supervise the doing of work." . . 33 ......
  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 Noviembre 2015
    ...... to have effect on the satisfaction of a condition, usually performance of some other ("primary") obligation. By the beginning of the 16th ...) that it would not be treated as penal by reason only of the impossibility of precisely pre-estimating the true loss. . . 22 Lord ......
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