Taylor v Caldwell

• Caldwell = "Caldwell" = defendant = owner of The Surrey Gardens and Music Hall ("hall") in England
• "Taylor" = plaintiff = he contracted to use the "hall" on 4 dates in 1861
• Before the 1st date, the hall burned down! This wasn't the fault of either party.
• Caldwell's hall couldn't be used as a concert venue anymore.

Taylor sued Caldwell for traverse (breach) of the contract.

Taylor won in the trial court.

If a contract depends on something that doesn't exist when performance is due, does the law imply a condition excusing the parties' performance?

Yes. If a contract depends on something that doesn't exist when performance is due, the law implies a condition excusing performance.

Reversed

Exception are 2:

1. The contract expressly allocates the risk to 1 party upon the destroyed condition or
2. If the party seeking to not perform is at fault.