Taylor v Caldwell · English Court of Queen's Bench · 1863

Does the owner owe him?

Short answer: No: the contract ended with the fire.

The facts. A concert promoter rented a London music hall for four days of shows in 1861. Before the first show the hall burned down, with no fault by anyone. He sued the owner for wasted costs.

The ruling. Taylor v Caldwell (1863): The court held the contract depended on the hall existing, so both sides were excused once it burned.

This case started the doctrine of impossibility, which is now everywhere from insurance disputes to COVID leases. The hall was the Surrey Gardens Music Hall.

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For fun, not legal advice.