Verdict

Herne Bay Steam Boat Co v Hutton · Court of Appeal of England · 1903

Is he released from the contract?

Short answer: No: he must pay.

The facts. A man hired a steamship to take passengers to see the Royal Navy review for the 1902 coronation. The King fell ill and the review was called off, though the fleet was still there. The man refused to pay.

The ruling. Herne Bay Steamboat v Hutton (1903): The court held the contract wasn't frustrated, since the review was only the renter's reason, and the fleet could still be seen.

Compare it to the flat rented for the same coronation, where the renter won. The line between the two is famously thin.

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