Save 50% on Assignment Crafted by Human Writers Get UPTO 50% OFF & Jingle All the Way with Our Christmas Offer. Coupon Code: NEWCUST25 Order Now

OFFER! Save 50% on Assignment Crafted by Human Writers


Taylor v. Caldwell (1863): English Contract Case Law

University: Regent College London

  • Unit No: 11
  • Level: Diploma
  • Pages: 4 / Words 1023
  • Paper Type: Case Study
  • Course Code: M/508/0494
  • Downloads: 1013
Question :

Law of contracts plays an important role in managing the contractual relationships of the persons who are party to the contract. In the case of “Taylor v Caldwell (1863)”, Doctrine of Impossibilities was established based on the destruction of the subject matter. This is considered as the landmark case of English contract law. In this case, the plaintiff sued the defendant for the non-performance of the contract made between them. Such a non-performance was the result of an unforeseen event which was unavoidable and either party to the contract were not at fault.

  • What is the law of contract?
  • What are the essentials of a valid contract?
  • Explain “Doctrine of Absolute Obligation”?
  • What are the facts of “Taylor v Caldwell (1863)” case?
  • What was the judgement given in “Taylor v Caldwell (1863)” case of English Contract Law?
Answer :


The English law of contract provides the citizens of the United Kingdom with the laws that help them to maintain their contractual relationships. This law helps people who are party to the contract by providing them with provisions that will help in building their relationships with another party to the contract. A contract is that which is legally binding upon the parties only if it is valid and has fulfilled the essentials of a valid contract. There are four essentials of forming a valid contract by the parties. They are offer, acceptance, intention to create legal relationship a consideration. Firstly the parties who want to create a contractual relationship must start by making an offer to the opposite party. Once the offer is accepted by the other party it forms an agreement. A contract can either be written or oral. The parties forming a contract must have an intention to build a relationship that is legal in nature. The intention must be clear and specific. The main of all the essential is a consideration which is money. Consideration completes the validity of the contract. Absence of consideration does not form a valid contract. When all the essentials of the contract are fulfilled by the party the contract becomes a valid contract. Once the contract is valid it becomes enforceable by the law and also has a binding effect upon the parties. Breach of such a valid contract will make parties liable for the payment of damages.

(Illustration 1: Trembly, 2020)

A valid contract creates a legal obligation upon the parties. There is only one condition under which the parties do not have an obligation when there exist “Doctrine of Absolute Obligation”. Under this situation, neither parties are held liable for the breach of contract or for its termination. The parties do not own any duty in the case where there is an unforeseen event.

Doctrine of Absolute Obligation or Doctrine of Frustration

It is applied when the parties to the contract are discharged from their duties due to the unforeseen event. In this case there is no fault of either of the parties to the contract. This is the case where it gets impossible to render the performance due to doctrine of frustration.

(Illustration 2: iPleaders, 2016)


In the case of Taylor v Caldwell (1863) the facts were that, Caldwell and bishop were the owner of the Surrey gardens & Music Hall. They entered into contract with Taylor and Lewis by agreeing to rent the said hall for £100 per day. Taylor planned on using the hall for four concerts. In the said concern they were planning on providing various extravagant Entertainment to the people. The entertainment was to include: live performance of Sims Reeves singing, military or quadrille band of 35 to 40 piece. Minstrels, fireworks, al fresco and illuminations. They were also planning onto keeping ballet performance, tight rope performance, air gun shooting, various types of games, aquatic sports, etc.

The contract between the parties stated that defendants were to provide performers who will mostly be Britisher. Taylor and lewis both agreed on paying the amount of the rent of the hall to Caldwell and Bishop in the evening of the concerts every time. They agreed to pay the amount through a crossed cheque. The terms in the contract also included that Taylor and Lewis were also suppose to pay for the performers and other artist participating in the said event. A week before the day when they were to have their first concert, music hall got burnt and the damage was not repairable in a week. The hall was burned to the grounds. The destruction of the hall was without the fault of either parties to the contract.

Plaintiff in this case sued the defendants (the owners of the hall) for breaching the contract they had on the grounds that they failed to provide the music hall to them. Upon looking at the contract it was found that they had so such clause which stated the risk allocated for the underlying facilities. They had only one phase in the contract in the end of it which says “ God's will permitting”.

Related Sample: Business Law ILAC Method & Example - An Ultimate Guide

(Illustration 3: lookandlearn, 2021)

Legal issues

  • Whether the loss suffered by the plaintiff is recoverable form the defendants?
  • Whether the said destruction excuses the obligation of the parties under the contract?

Experts Are Listening! Have doubts about academic writing? Clear all of them in a minute! Call the experts and get your answers immediately! Dial Now!Contact Us


It was held by the court that the loss which was suffered by the plaintiff is not recoverable from the defendants. The defendants of the case were discharged of their performances and their failure to not perform their duty i.e. to provide the music hall for concert was not considered as a breach of contractual relationship.

Related Service: Research Paper Writing Help

When the contract is of absolute nature it is the duty of the parties to perform their duties towards other party mentioned in the contract. Otherwise they will be liable for paying damages for their non performance of the terms and conditions of the contract. The only exception to this liability is when the non performance of the contract is because of the consequences created by the events unforeseen.

This was the case where for the first time “Doctrine of Impossibility” was established through the destruction of the subject matter.

Download Full Sample
Cite This Work To export references to this Sample, select the desired referencing style below:
Global Assignment Help.(2024) Taylor v. Caldwell (1863): English Contract Case Law Retrieved from:
Copy to Clipboard
Taylor v. Caldwell (1863): English Contract Case Law Global Assignment Help ,(2024),
Copy to Clipboard
Global Assignment Help (2024) Taylor v. Caldwell (1863): English Contract Case Law[Online]. Retrieved from:
Copy to Clipboard
Global Assignment Help Taylor v. Caldwell (1863): English Contract Case Law. (Global Assignment Help, 2024)
Copy to Clipboard
Global Assignment Help Taylor v. Caldwell (1863): English Contract Case Law. [Internet]. Global Assignment Help.(2024), Retrieved from:
Copy to Clipboard
Writing an error-free math document is a typical task that most students stress about. So, they often take math assignment help from our experts. Our writers are professionals and can provide step-by-step solutions to make things easy. Apart from this, you can also take online exam help from us. 
Boost Grades & Leave Stress

Share Your Requirements Now for Customized Solutions.

Lowest Price
USD 7.13

    Delivered on-time or your money back

    100+ Qualified Writers

    For Best Case Study Assignment Help

    View All Writers
    FREE Tools

    To Make Your Work Original

    • tools Paraphrasing Tool

      Easy to Use Paraphrasing Tool to Simplify Complex Academic Writing

      Check Paraphrasing
    • tools Plagiarism Checker

      Check your work against plagiarism & get a free Plagiarism report!

      Check Plagiarism
    • tools Reference Generator

      Get citations & references in your document in the desired style!

      Generate References
    • tools Grammar Checker Tool

      Make your content free of errors in just a few clicks for free!

      Grammar Checker
    • tools Essay Typer

      Generate plagiarism-free essays as per your topic's requirement!

      Essay Typer
    • Dissertation Outline Generator

      Get Structured Outline by Professionals for Your Dissertation

      Check Dissertation
    • Thesis Statement Generator

      Create the perfect thesis statement in just few minutes!

      Generate Thesis
    • AI Essay Writer

      Get a well-researched and quality essay effortlessly in a few seconds.

      AI Essay Writer
    GAH whatsapp

    Limited Time Offer

    Exclusive Library Membership + FREE Wallet Balance