Parading v Jane

JurisdictionEngland & Wales
Judgment Date01 January 1681
Date01 January 1681
CourtCourt of the King's Bench

English Reports Citation: 82 E.R. 897

King's Bench Division

Parading
and
Jane

Rule applied, Atkinson v. Ritchie, 1809, 10 East, 533; Lloyd v. Guibert, 1865, L. R. 1 Q. B. 121. Discussed, Lord Clifford v. Watts, 1870, L. R. 5 C. P. 586. Adopted, Carstairs v. Taylor, 1871, L. R. 6 Ex. 223. Questioned, and not applied, The Teutonia, 1871, L. R. 3 A. & E. 411. Limited, Jackson v. Union Marine Insurance Company, 1874, L. R. 10 C. P. 139. Explained, Wear River Commissioners v. Adamson, 1877, 2 App. Cas. 748. Rule applied, Sheffield Waterworks Company v. Carter, 1882, 8 Q. B. D. 645; Jacobs v. Crédit Lyonnais, 1884, 12 Q. B. D. 603.

*lr7-}.K.Q ./L-tMics. 23 car. banco eegis. nntf 4 c '?? Wiy.iK.n.-tttz**' ~ taradine versus jane. hil. 22 car. eot. 1178, & 1179. [Eule applied, Atkinson v. Ritchie, 1809, 10 East, 533 ; Lloyd v. Guibert, 1865, L. E. 1 Q. B. 121. Discussed, Lord Clifford v. Watts, 1870, L. E. 5 C. P. 586. Adopted, Garstairs v. Taylor, 1871, L. E. 6 Ex. 223. Questioned, and not applied, The Teutonia, 1871, L. E. 3 A. & E. 411. Limited, Jackson v. Union Marine Insurance Company, 1874, L. E. 1Q G. P. 139. Explained, Wear River Commissioners v. Adamson, 1877, 2 App. Gas, 748. Eule applied, Sheffield Waterworks Company v. Carter, 1882, 8 Q. B. D. 645 ; Jacobs v. Credit Lyonnais, 1884, 12 Q. B. D. 603.] Debt, In debt the plaintiff declares upou a lease for years rendringrent at the four usual feasts ; and for rent behind for three years, ending at the Feast of the Annunciation, 21 Car. brings his action ; the defendant pleads, that a certain German prince, by name Prince Eupert, are alien born, enemy to the King and kingdom, had invaded the realm with an hostile army of men ; and with the same force did enter upon the [27] defendant's possession, and him expelled, and held out of possession from the 19 of July 18 Gar. till the Feast of the Annunciation, 21 Car. whereby he could not take the profits ; whereupon the plaintiff demurred, and the plea was resolved insufficient. 1. Because the defendant hath not answered to one quarters rent. ò 2. He hath not averred that the army were all aliens, which shall not be intended, and then he hath his remedy against them ; and Bacon cited 33 H. 6. 1. e. where the gaoler in bar of an escape pleaded, that alien enemies broke the prison, &c. and òexception taken to it, for that he ought to shew of what countrey they were, viz. Scots, &c. 3. It was resolved, that the matter of the plea was insufficient ; for...

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51 cases
  • Planet Kids Ltd v Auckland Council
    • New Zealand
    • Supreme Court
    • 17 December 2013
    ...Treitel Frustration and Force Majeure (2nd ed, Sweet & Maxwell, London, 2004) at [2-010]–[2-043]. 33 Paradine v Jane (1646) Aleyn 26 at 27, 82 ER 897 (KB) at 897–898. 34 See Treitel, above n 32, at [2-029]–[2-034] for a discussion of circumstances in which the doctrine of absolute contracts......
  • Joseph Constantine Steamships Line v Imperial Smelting Corporation
    • United Kingdom
    • House of Lords
    • 9 May 1941
    ...by unforeseen accidents, performance has become impossible. And a dictum unnecessary to the decision, of the Court of King's Bench in Paradine v. Jane, Aleyn, 26 1178, is often quoted: "When the party, by his own conduct, creates a duty or charge upon himself, he is bound to make it good, i......
  • National Carriers Ltd v Panalpina (Northern) Ltd
    • United Kingdom
    • House of Lords
    • 11 December 1980
    ...11The doctrine of frustration is of comparatively recent development. The general rule of common law, laid down as early as 1647 in Paradine v. Jane ( Aleyn 26) is that the performance of absolute promises is not excused by supervening impossibility of performance. Paradine v. Jane itself, ......
  • Cricklewood Property and Investment Trust Ltd v Leighton's Investment Trust Ltd
    • United Kingdom
    • House of Lords
    • 25 January 1945
    ...earlier days the element of covenant bulked sometimes more largely in the eyes of the law than the question of tenure. In Paradine v. Jane, Aleyn 26, Style 47, the Judges do not mention the element of tenure. The claim was in debt. The Court states the absolute character of the contract in ......
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1 firm's commentaries
  • Force majeure clauses and COVID-19 ' What you need to know now about your contracts
    • Australia
    • Mondaq Australia
    • 22 June 2020
    ...benefit your business in determining a pathway to deal with the issues that arise due to COVID-19. Footnotes 1 Paradine v Jane (1647) 82 ER 897. 2 Taylor v Caldwell (1863) 122 ER 309. 3 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337. 4 Davis Contractors Limite......
5 books & journal articles
  • Defining the Obligation to Perform
    • United States
    • Contract Doctrine, Theory & Practice. Volume Two
    • 11 March 2012
    ...the sea, or made barren by wildfire, yet the lessor shall have his whole rent: and judgment was given for the plaintiff. Paradine v. Jane , Aleyn 26, 82 Eng. Rep. 897 (K.B. 1647). 1.2.2. Analyzing Risk Economists and businesspeople often analyze contingencies using the framework of expected......
  • Frustration
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...was not made, however, until the second phase in the development of the doctrine initiated by Blackburn J’s decision 8 (1647), Aleyn 26, 82 ER 897 (KB) [ Paradine ]. 9 See, for example, Walton v Waterhouse (1673), 2 Wms Saund 420, 85 ER 1233 (KB); Hadley v Clark (1799), 8 TR 259, 101 ER 137......
  • The limits of voluntariness in contract.
    • Australia
    • Melbourne University Law Review Vol. 29 No. 1, April - April 2005
    • 1 April 2005
    ...above n 185. (244) Ibid 71. (245) Ibid. (246) Ibid. (247) Ibid 79. (248) Ibid 72. (249) Ibid 80. (250) Ibid. (251) (1647) Aleyn 26; 82 ER 897. (252) (1863) 3 B & S 826; 122 ER 309. (253) (1647) Aleyn 26, 26; 82 ER 897, 897. (254) Langille and Ripstein, above n 185, 80. (255) Ibid. (256)......
  • Right to Damages in European Contract Law
    • South Africa
    • Stellenbosch Law Review No. , May 2019
    • 27 May 2019
    ...eans as strongly ba sed on the fault pri nciple as is often assu med”).45 See Treitel Remedie s para 8.46 Paradine v Jane (1647) EWHC KB J5 Aleyn 26 (dealing with a landlor d’s action t o recover rent; t he tenant was not exc used from pay ment, even thoug h he had been evic ted from the la......
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3 provisions

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