HARRIS V. CAMERON

HARRIS V. CAMERON

The requisition of the hotel by the Commonwealth did not frustrate or discharge the covenant, nor did statutory regulations bar the plaintiff’s claim for damages against the defendant. The defendant remained under the obligation to provide board and lodging, and failure to do so constituted a breach compensable in damages.

Parties
Plaintiff: Alfred Harris; Defendant: William Home Cameron
Jurisdiction
Australia
Judgment Date
11 May 1945
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Frustration of Contract, Breach of Covenant, Damages, Compensation Under Statutory Regulations
Contract Law Frustration of Contract Breach of Covenant Damages Compensation Under Statutory Regulations

Case Brief

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Parties

Alfred Harris

Plaintiff

William Home Cameron

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the covenant to provide board and lodging was frustrated by requisition of the hotel
  2. 2 Whether statutory regulations preclude the plaintiff's right to claim damages against the defendant

Ratio Decidendi

The requisition of the hotel by the Commonwealth did not frustrate or discharge the covenant, nor did statutory regulations bar the plaintiff’s claim for damages against the defendant. The defendant remained under the obligation to provide board and lodging, and failure to do so constituted a breach compensable in damages.

Court Disposition

judgment for plaintiff

Orders

  • Judgment entered for the plaintiff for £600 in damages
  • Costs, including reserved costs, awarded to the plaintiff