Mertens v Home Freeholds Company

JurisdictionEngland & Wales
Date1921
CourtCourt of Appeal
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41 cases
  • Lisa Andrew Claimant v Matthew Nelson Defendant [ECSC]
    • St Lucia
    • High Court (Saint Lucia)
    • 2 May 2013
    ...not constructed or installed at all and the costs to complete. The Court finds support for its position inMertens v. Home Freeholds Co. [1921] 2 K.B. 526 [1921] 2 K.B. 526 C.A. at p. 534 where Lord Sterndale M.R. said: "They [the Divisional Court] have treated the contract as if it were one......
  • Swan and Swan v Daniels (D&S Construction)
    • Bermuda
    • Supreme Court (Bermuda)
    • 28 October 1987
    ... ... of D&S Construction and Architectural Designs) Mertens v Home Freeholders CoELR [1921] 2 KB 535 Sumpter v ... ...
  • Kodros Shipping Corporation v Empresa Cubana de Fletes (No. 2) (Evia)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 5 February 1982
    ...party relying on the doctrine deliberately brought about the state of affairs which prevented the fulfilment of its contract—see Mertons v. Home Freeholds Co. (1921) 2 King's Bench 526 and Maritime National Fish Co. Ltd. v. Ocean Trawlers Ltd. (1935) Appeal Cases 524. In the former case a......
  • Shepherd (F.C.) & Company Ltd v Jerrom
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 July 1986
    ...in relation to the frustration of contracts, namely Maritime National Fish Limited v Ocean Trawlers Limited (1935) A.C. 524 and Mertens v Home Freeholds (1921) 2 K.B. 526. In each of these cases the plaintiff had sought to enforce the contract and the defendants had pleaded frustration beca......
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1 books & journal articles
  • Damages
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Remedies
    • 4 August 2020
    ...DLR (4th) 161 (BCCA) (sale of bonds). 177 Wingold Construction Co Ltd v Kramp , [1960] SCR 556. 178 Mertens v Home Freeholds Company , [1921] 2 KB 526 (CA); Armstrong v Roslyn Park Land Co Ltd (1951), 4 WWR (NS) 270 (BCSC). 179 (1978), 90 DLR (3d) 271 (NBCA). See also Hunt v TD Securities I......

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