Metropolitan Water Board v Dick, Kerr & Company
Jurisdiction | England & Wales |
Judgment Date | 1917 |
Date | 1917 |
Court | House of Lords |
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45 cases
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Reardon Smith Line Ltd v Ministry of Agriculture, Fisheries and Food (Agostino Bertani, Cape Rodney, Queen City, Riverton)
...... 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 ......
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Planet Kids Ltd v Auckland Council
...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......
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Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
...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 ......
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Cricklewood Property and Investment Trust Ltd v Leighton's Investment Trust Ltd
...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
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Commercial Contracts Governed By English Law: How To Get Out Of Your Obligations, Or Make Sure Your Opponent Keeps To Theirs!
...which became illegal when that port was occupied by the Germans later the same year. 28 Metropolitan Water Board v Dick, Kerr & Co Ltd. [1918] A.C. 119; Denny Mott & Dickson v James B Fraser & Co Ltd [1944] A.C. 265. 29 Denny Mott & Dickson Ltd v James Fraser & Co Ltd [1944] A.C. 265. p. 27......
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COVID-19 – Issues Affecting Performance Of Contractual Obligations In Construction Contracts Governed By English Law
...a part of theperformance that could “not be regarded as trivial” remained lawful.4035 Metropolitan Water Board v Dick, Kerr & Co Ltd. [1918] A.C. 119; Denny Mott & Dickson v James B Fraser & Co Ltd [1944] A.C. 265. 36 Denny Mott & Dickson Ltd v James Fraser & Co Ltd [1944] A.C. 265. p. 271.......
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Options for businesses when temporary COVID-19 restrictions make it illegal to perform a contract
...CLR 143 and Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337. 6 Metropolitan Water Board v Dick Kerr & Co [1918] AC 119. 7 Scanlan's New Neon Limited v Tooheys Limited (1943) 67 CLR 169. 8 Cooper & Sons v Neilson and Maxwell Ltd [1919] VLR 66. 9 Australia......
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COVID-19 – Issues Affecting Performance Of Contractual Obligations In Construction Contracts: A Comparison Between English And Malaysian Law
...which became illegal when that port was occupied by the Germans later the same year. 43 Metropolitan Water Board v Dick, Kerr & Co Ltd. [1918] A.C. 119; Denny Mott & Dickson v James B Fraser & Co Ltd [1944] A.C. 265. 44 Denny Mott & Dickson Ltd v James Fraser & Co Ltd [1944] A.C. 265. p. 27......
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3 books & journal articles
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Frustration
...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......
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Building and Construction Law
...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......
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Frustration
...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......