Courturier v Hastie

Courturier v Hastie
Courturier v Hastie
Court House of Lords
Citation(s) [1856] UKHL J3, (1856) 5 HLC 673
Keywords
Frustration, common mistake

Courturier v Hastie [1856] UKHL J3 is an English contract law case, concerning common mistake between two contracting parties about the possibility of performance of an agreement.

Contents

Facts

Courturier agreed with Hastie to deliver some corn. They thought it was in transit between Salonica (now Thessaloniki) and the UK. But the corn had already decayed. The shipmaster had sold it. Courturier argued that Hastie was liable for the corn because Hastie had already bought an ‘interest in the adventure’, or rights under the shipping documents.

Judgment

The House of Lords held that because the corn effectively did not exist at the time of the contract, there was a toal failure of consideration and the buyers way not liable to pay the price.

See also

Notes

References

External links


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Игры ⚽ Поможем решить контрольную работу

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