Paradine v Jane [1647]

Court: King’s Bench

Facts: Paradine (the claimant), a landlord, leased land to Jane (the defendant). During the English Civil War, Jane’s land was seized and occupied by Royalist forces under Prince Rupert for three years. As a result, Jane was unable to use the land or derive any profit from it. Paradine sued Jane for non-payment of rent during those three years. Jane defended himself by arguing that he should not be liable for the rent, as he was dispossessed of the land by an external force—an invading army—over which he had no control.

Issue: Was Jane still liable to pay rent despite being dispossessed of the land by the Royalist forces?

Held: The King's Bench ruled that Jane remained liable for the rent. The court held that contractual obligations, such as rent payments, must be fulfilled regardless of external events, unless the contract explicitly provides otherwise.

💡 Leveluplaw: This case establishes the principle of absolute liability in contract law. If you sign a contract, you are generally bound to its terms, even if unforeseen circumstances arise. This underscores the importance of foreseeing potential risks and drafting provisions to account for them in your contracts.