Taylor v Caldwell (1863)

MacMillan, C. (2008) Taylor v Caldwell (1863). In: Mitchell, C. and Mitchell, P. (eds.) Landmark Cases in the Law of Contract. Hart Publishing, Oxford, pp. 167-203. ISBN 9781841137599

Abstract/Summary

A Landmark Case is one which stands out from other less remarkable cases. Landmark status is generally accorded because the case marks the beginning or the end of a course of legal development. Taylor v Caldwell is regarded as a landmark case because it marks the beginning of a legal development: the introduction of the doctrine of frustration into English contract law. This chapter explores the legal and historical background to the case to ascertain if it is a genuine landmark. A closer scrutiny reveals that while the legal significance of the case is exaggerated, the historical significance of the cases reveals an unknown irony: the case is a suitable landmark to the frustration of human endeavours. While the existence of the Surrey Music Hall was brief, it brought insanity, imprisonment, bankruptcy and death to its creators.