Robinson v Davison (1871) LR 6 Exch 269

Facts of Robinson v Davison

Robinson, the plaintiff, entered into a contract with Davison, the defendant, whose wife was a pianist. Under the contract, Davison’s wife was to perform at a concert organised by Robinson on a specified date. On the morning of the concert, Davison informed Robinson that his wife was ill and unable to perform as agreed.

Issue Raised

The main issue in Robinson v Davison was whether the contract between Robinson and Davison was frustrated due to the unexpected illness of Davison’s wife, thereby excusing her from performing and relieving Davison from any liability for breach of contract.

Robinson v Davison Judgement

The court held in Robinson v Davison that the contract was frustrated due to the unforeseen illness of Davison’s wife. As the performance of the contract was contingent upon her personal ability to perform, her illness rendered the contract impossible to fulfil.

The court reasoned that the contract was of a personal nature, as it specifically required the performance of Davison’s wife, an eminent pianist. The essence of the contract was her personal performance, which was made impossible due to her unforeseen illness.

The doctrine of frustration applies when an unforeseen event occurs after the formation of the contract, which renders its performance impossible or radically different from what was originally agreed upon. In this case, the illness of the pianist was such an event and therefore, the contract was deemed frustrated.

Conclusion

The court in Robinson v Davison concluded that Davison was not liable for breach of contract, as the contract was frustrated by the unforeseen illness of his wife. As a result, Robinson could not claim damages for the non-performance of the contract.

This case is a significant authority on the doctrine of frustration in contract law, particularly in the context of contracts for personal services. It demonstrates that when the performance of a contract is contingent upon the personal ability of an individual and an unforeseen event renders that performance impossible, the contract may be considered frustrated, thereby relieving the parties from their obligations.