The plaintiff, Paul Krell, sued the defendant, C.S. By clicking “Accept”, you consent to the use of ALL the cookies. Defendant agreed in writing to hire rooms with view of coronation procession for £75. To what extent would you describe the reasoning in Krell v Henry [1903] 2KB 740 and Herne Bay Steam Boat Company v Hutton [1903] 2 KB 683 as either compatible or incompatible?Date authored: 23 rd July, 2014. It is one of a group of cases arising out of the same event, known as the Coronation cases. No doubt the purpose of the engager would be to go to see the Derby, and the price would be proportionately high; but the cab had no special qualifications for the purpose which led to the selection of the cab for this particular occasion. . Your email address will not be published. The issue in the case is whether the promise to pay for the use of the flat is conditional on the coronation parade taking place. Synopsis of Rule of Law. In my judgment [in this case] the use of the rooms was let and taken for the purpose of seeing the Royal procession. It was not a demise of the rooms, or even an agreement to let and take the rooms. Although this purpose was not written in the contract, CoA held that the contract was frustrated. Facts. The defendant, Henry, contracted to rent the apartment from Krell on the day of the procession and paid a 25-pound deposit. However, King became ill and it did not happen. It is mandatory to procure user consent prior to running these cookies on your website. And in my judgment the taking place of those processions on the days proclaimed along the proclaimed route, which passed 56A, Pall Mall, was regarded by both contracting parties as the foundation of the contract; and I think that it cannot reasonably be supposed to have been in the contemplation of the contracting parties, when the contract was made, that the coronation would not be held on the proclaimed days, or the processions not take place on those days along the proclaimed route; and I think that the words imposing on the defendant the obligation to accept and pay for the use of the rooms for the named days, although general and unconditional, were not used with reference to the possibility of the particular contingency which afterwards occurred. This was the date when King Edward VII’s coronation procession was supposed to happen. To what extent would you describe the reasoning in Krell v Henry [1903] 2KB 740 and Herne Bay Steam Boat Company v Hutton [1903] 2 KB 683 as either compatible or incompatible? Court of Appeal 2 K.B. If it does, this will limit the operation of the general words, and in such case, if the contract becomes impossible of performance by reason of the nonexistence of the state of things assumed by both contracting parties as the foundation of the contract, there will be no breach of the contract thus limited . Company registration No: 12373336. The court’s view is that the foundation of the contract between Krell and Henry was to rent the flat in order watch the coronation parade and hence the contract was premised on the assumption by both sides that the parade would occur. Paul Krell (plaintiff) owned a suite of rooms at 56A Pall Mall. issue. On the same day the defendant received the following reply from the plaintiff’s solicitor:—. facts On June 17, 1902, C.S. It is one of a group of cases, known as the "coronation cases", which arose from events surrounding the coronation of King Edward VII and Queen Alexandra in 1902. Krell v Henry 2 KB 740 The defendant hired a flat on Pall Mall for the sole purpose of viewing King Edward VII's coronation procession. Registered office: Unit 6 Queens Yard, White Post Lane, London, England, E9 5EN. Correct.  Krell contends that the condition must be explicitly stated in the contract, which it was not. It is one of a group of cases known as the " coronation cases " which arose from events surrounding the coronation of King Edward VII and Queen Alexandra in 1902. Krell v Henry [1903] 2 KB 740 is an English case which sets forth the doctrine of frustration of purpose in contract law. Listen to the opinion: Tweet Brief Fact Summary. D hired a flat in Pall Mall for 2 days because he wanted to watch the coronation of the King. In such a case the contracting parties will not be held bound by the general words which, though large enough to include, were not used with reference to a possibility of a particular event rendering performance of the contract impossible. . On June 20 the defendant wrote the following letter to the plaintiff’s solicitor:— Learn krell v . 740 (11 August 1903) Practical Law Case Page D-101-7218 (Approx. Your email address will not be published. Henry rented a flat from Krell so that he could have a good view of the coronation ceremony for Edward VII. You also have the option to opt-out of these cookies. Krell left the country for a period of time and left instructions with his solicitor to sublease his rooms however he saw fit. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Henry refused to pay the remaining balance of the contracted rent which was 50 pounds. Criticised – Krell v Henry CA ([1903] 2 KB 740, [1900-3] All ER 20) A contract to rent rooms for two days and from which the coronation processions of King Edward VII were to be viewed was frustrated when the processions were cancelled on the days the rooms … The plaintiff, Paul Krell, sued the defendant, C. S. Henry, for £50, being the balance of a sum of £75, for which the defendant had agreed to hire a flat at 56A, Pall Mall on the days of June 26 and 27, for the purpose of viewing the processions to be held in connection with the coronation of His Majesty. We also use third-party cookies that help us analyze and understand how you use this website. It could not in the cab case be reasonably said that seeing the Derby race was the foundation of the contract, as it was of the licence in this case. Krell v Henry [1903] 2 KB 740 Henry hired a room from Krell for 2 days, to be used as a position from which to view the coronation procession of Edward Vll, but the contract itself made no reference to that intended use. This case document summarizes the facts and decision in Krell v Henry [1903] 2 KB 740. Krell v Henry (1903) English Contract Law ‘Summer Morning, Pall Mall’ by Bruce Yardley. I am in receipt of your letter of today’s date inclosing cheque for £25 deposit on your agreeing to take Mr. Krell’s chambers on the third floor at 56A, Pall Mall for the two days, the 26th and 27th June, and I confirm the agreement that you are to have the entire use of these rooms during the days (but not the nights), the balance, £50, to be paid to me on Tuesday next the 24th instant. Krell v Henry and Herne Bay Steamboat Co v Huttonare two cases that revolve around similar facts and were decided by the same Court of Appeal in 1903 within a few days’ interval, yet reconciling the rationale leading to the two different outcomes of the respective cases is often questionable. Henry, for £50, the balance of a sum of £75, for which the defendant had agreed to hire a flat at 56A, Pall Mall on the days of June 26 and 27, for the purpose of viewing the processions to be held in connection with the coronation of His Majesty. The Plaintiff, Mr. Krell (Plaintiff), sued the Defendant, Mr. Henry (Defendant), after the Defendant refused to pay for the use of the Plaintiff’s flat. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. This case document summarizes the facts and decision in Krell v Henry [1903] 2 KB 740. It is the difference in the purpose that distinguishes the cases. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The price agreed was … Any other cab would have done as well. Krell v Henry CourtCourt of Appeal Full case namePaul Krell v CS Henry Citation 2 KB 740 Case history Prior actionAppeal from Darling J Court membership Judge sittingVaughan Williams LJ, Romer LJ and Stirling LJ Keywords Frustration Krell v Henry 2 KB 740 is an English case which sets forth the doctrine of frustration of purpose in contract law. . But opting out of some of these cookies may have an effect on your browsing experience. The plaintiff on leaving the country in March, 1902, left instructions with his solicitor to let his suite of chambers at 56A, Pall Mall on such terms and for such period (not exceeding six months) as he thought proper. 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