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...

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35 cases
  • 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 ......
  • 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, ......
  • Scanlan's New Neon Ltd v Tooheys Ltd
    • Australia
    • High Court
    • Invalid date
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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......
8 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......
  • Frustration
    • Canada
    • Irwin Books Archive The Law of Contracts Part Three
    • 1 September 2005
    ...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 E.R. 897. 9 See, for example, Walton v. Waterhouse (1673), 2 Wms. Saund. 420, 85 E.R. 1233; Hadley v. Clark (1799), 8 T.R. 259, 101 E.R. 1377; Atkinso......
  • Treaty implementation in Caribbean law and practice
    • Barbados
    • Caribbean Law Review No. 8-2, December 1998
    • 1 December 1998
    ...into the law by legislation." Caribbean dualism was applied to human rights law in Bradshaw and Roberts v. The Attorney General et al. 26 Here, the appellants sought to take advantage of rights conferred by the International Covenant on Civil and Political Rights (1CCPR) and the Optional Pr......
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2 provisions

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