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Morgan v Manser (1947) KB: Case Study Guide
This case concerns the frustration of a contract due to unforeseen circumstances (specifically, military service). Understanding this case requires grasping the concept of contractual frustration and its application.
I. Key Facts:
Was the contract between the manager and the artiste frustrated by the artiste's military service?
III. Holding:
The court held that the contract was frustrated.
IV. Reasoning (Streatfield J):
The judge found that the artiste's conscription fundamentally altered the contract's nature and performance for a significant duration. The interruption caused by military service was so substantial that it rendered the original contract's purpose impossible to achieve. Critically, the work performed by the manager after June 1940 was not considered to be under the original contract. This implies that the contract ended when the artiste entered service.
V. Key Concepts and Principles:
This case concerns the frustration of a contract due to unforeseen circumstances (specifically, military service). Understanding this case requires grasping the concept of contractual frustration and its application.
I. Key Facts:
- Contract: A 10-year management contract (Feb 1938) between a manager (Plaintiff) and a variety artiste, Charlie Chester (Defendant). The manager's role was to secure engagements and fees for the artiste.
- Military Service: In June 1940, the artiste was conscripted into the military. After initial training, he served in the Entertainments Pool until demobilization in Feb 1946.
- Manager's Actions: The manager continued promotional efforts during the artiste's war service.
- Breach: After demobilization, the artiste claimed the contract was terminated and engaged other managers. The manager sued for breach of contract.
Was the contract between the manager and the artiste frustrated by the artiste's military service?
III. Holding:
The court held that the contract was frustrated.
IV. Reasoning (Streatfield J):
The judge found that the artiste's conscription fundamentally altered the contract's nature and performance for a significant duration. The interruption caused by military service was so substantial that it rendered the original contract's purpose impossible to achieve. Critically, the work performed by the manager after June 1940 was not considered to be under the original contract. This implies that the contract ended when the artiste entered service.
V. Key Concepts and Principles:
- Frustration of Contract: A doctrine that allows for the discharge of a contract when unforeseen events
1 Comments
Charlie Chester is is better know name - who served in the military. He was English and died of a stroke. On the legal issues, the superveening event of a war and a drastic change in the orginal terms fo the contract will rescind the precious contract and discharge the obligations of the parties involved. In legal theory , its know as frustration of purpose, as the original purpose of the contract has changed the subject matter. Enogh said...