Paradine v Jane
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| Paradine v Jane | |
| Court | King’s Bench |
|---|---|
| Citation | Aleyn 27, 82 Eng. Rep. 897 |
| Date decided | March 26, 1647 |
| Related | Taylor v Caldwell |
| Questioned by | |
| Taylor v Caldwell | |
Facts
- English Civil War = 1642 - 1651 = during this case = fight between Royalists & Parliamentarians which saw the execution of Charles I in 1649 in Great Britain
- Paradine = plaintiff = landlord
- Jane = defendant = lessee
- Prince Rupert of the Rhine = "Rupert" = British Royalist officer = noble who was also from the Holy Roman Empire = supporter of Charles I in Great Britain
- Rupert's troops seized Jane's leasehold & expelled him
- Rupert's forces held the land for 3 years
- Jane, the expelled lessee, didn't pay rent for the 3 years that he was kicked off the leased land
Procedural History
- Paradine sued Jane for 3 years of back rent
- The expelled Jane, who had just returned to the land, retorted that he couldn't work the land during those 3 years to generate any profits to pay Paradine
Issues
Is a tenant obligated to pay rent during the term of a lease if the tenant's purposes are frustrated by a 3rd-party's action?
Holding
Yes. A tenant is obligated to pay rent during the term of the lease, even if the tenant's purposes are are frustrated by the actions of 3rd parties.
Judgment
in favor of Paradine
