Metropolitan Water Board v Dick, Kerr & Company

JurisdictionEngland & Wales
Judgment Date1917
Date1917
CourtHouse of Lords
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45 cases
  • Reardon Smith Line Ltd v Ministry of Agriculture, Fisheries and Food (Agostino Bertani, Cape Rodney, Queen City, Riverton)
    • United Kingdom
    • Court of Appeal
    • 28 March 1961
    ...... working, was directed by the Canadian Wheat Board's representative in Vancouver, Mr. Smith, to be ... the strike, a guarantee that his company would only handle wheat from its own suppliers. I ... of Lord Justice Scrutton in ( Metropolitan Water Board v. Dick Kerr 1917 2 King's Bench, at ......
  • Planet Kids Ltd v Auckland Council
    • New Zealand
    • Supreme Court
    • 17 December 2013
    ...of frustration: Treitel, above n 32, at [15-008]–[15-009]. See also the discussion of the Tamplin case, above n 39, in Metropolitan Water Board v Dick, Kerr and Co, Ltd [1918] AC 119 (HL) at 98 See [60](d) above. See also Metropolitan Water Board v Dick, Kerr and Co, Ltd, above n 97, at 13......
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 October 2002
    ...the test finally chosen by Lord Sumner in Bank Line v. Capel (Arthur) & Co. [1919] AC 435 (2), agreeing with Lord Dunedin in Metropolitan Water Board v. Dick Kerr [1918] AC 119 (3), where, dealing with the criterion for determining the effect of interruption in "frustrating" a contract, he ......
  • Cricklewood Property and Investment Trust Ltd v Leighton's Investment Trust Ltd
    • United Kingdom
    • House of Lords
    • 25 January 1945
    ...as the interruption in building is over: this is the nature of the test for frustration suggested in the well-known case of Metropolitan Water Board v. Dick Kerr [1918], A.C. 119. I therefore conclude, on the facts, that the liability for rent under the covenant continued uninterrupted, an......
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7 firm's commentaries
3 books & journal articles
  • Frustration
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...Thorl GmbH, [1962] AC 93 (HL). 4 Krell v Henry , [1903] 2 KB 740 (CA) [ Krell ]. 5 Metropolitan Water Board v Dick, Kerr & Co Ltd , [1918] AC 119 (HL) [ Metropolitan Water Board ]. 655 THE LAW OF CONTR ACTS 656 has not been specif‌ically provided for in the agreement, the doctrine of frustr......
  • Building and Construction Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2007, December 2007
    • 1 December 2007
    ...construe force majeure clauses strictly: see, for example, the House of Lords decisions of Metropolitan Water Board v Dick, Kerr & Co Ltd[ 1918] AC 119 (‘Metropolitan Water Board’) and Bank Line Ltd v Arthur Capel & Co[1919] AC 435 (at [63]). Force majeure and 6.18 In the course of its judg......
  • Frustration
    • Canada
    • Irwin Books Archive The Law of Contracts Part Three
    • 1 September 2005
    ...Thorl G.m.b.H., [1962] A.C. 93. 4 Krell v. Henry , [1903] 2 K.B. 740 (C.A.). 5 Metropolitan Water Board v. Dick, Kerr & Co. Ltd. , [1918] A.C. 119 (H.L.). 566 Frustration 567 has not been specif‌ically provided for in the agreement, the doctrine of frustration may have the effect of dischar......

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