Appleby v Myers [1867]

Court: Exchequer Chamber

Facts: Appleby was contracted to build machinery for Myers. A fire destroyed the factory and the incomplete machine. Appleby sought payment for the work completed before the fire.

Issue: Can a party claim payment for work completed if the contract is frustrated due to a supervening event that destroys the work?

Held: The court held that Appleby could not claim payment due to the frustration of the contract. Justice Blackburn emphasized that no payment is due under a contract if the work is not completed, and the destruction of the work by a supervening event rendered the contract frustrated.

Key Judicial Statement: Justice Blackburn stated, "Restitution is not applicable when the work is destroyed by a supervening event and no benefit is conferred to the other party."

💡Leveluplaw: When a contract is frustrated due to destruction of the work by an unforeseen event, no payment is owed for incomplete work. This case reinforces the strict application of frustration in contract law and its impact on restitutionary claims.