| Metropolitan Water Board v Dick Kerr and Co Ltd | |
|---|---|
 | |
| Court | House of Lords |
| Decided | 26 November 1917 |
| Citation(s) | [1918] AC 119 |
| Transcript(s) | |
| Court membership | |
| Judge(s) sitting | Lord Atkinson, Lord Dunedin, Lord Parmoor, Lord Finlay |
| Keywords | |
| Frustration | |
Metropolitan Water Board v Dick Kerr and Co Ltd [1918] AC 119 is an English contract law case, concerning the frustration of an agreement.
In July 1914, Dick, Kerr & Co agreed to build a reservoir in six years for the Metropolitan Water Board (London). The contract said that Dick, Kerr & Co should apply to the engineer for an extension of time in the event of delay ‘whatsoever and howsoever occasioned’.
Two years later on 21 February 1916, due to the war, the Ministry of Munitions ordered Dick, Kerr & Co to stop work and sell their plant. The MWB subsequently sued Dick Kerr to complete the reservoir.
The House of Lords held that the contract was frustrated, because the delay clause was intended to cover temporary difficulties, and not such fundamental changes in the contract’s nature.
The Quabbin Reservoir is the largest inland body of water in Massachusetts, and was built between 1930 and 1939. Along with the Wachusett Reservoir, it is the primary water supply for Boston, 65 miles (105 km) to the east, and 40 other cities and towns in Greater Boston. The Quabbin also supplies water to three towns west of the reservoir and acts as backup supply for three others. By 1989, it supplied water for 2.5 million people, about 40% of the state's population at the time. It has an aggregate capacity of 412 billion US gallons (1,560 GL) and an area of 38.6 square miles (99.9 km2).
In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in contracts or it may be an "insured peril" in an insurance policy. In Scots law the equivalent term is damnum fatale.
British Westinghouse Electrical and Manufacturing Company was a subsidiary of the Pittsburgh, USA based Westinghouse Electric and Manufacturing Company. British Westinghouse would become a subsidiary of Metropolitan-Vickers in 1919; and after Metropolitan-Vickers merged with British Thomson-Houston in 1929, it became part of Associated Electrical Industries (AEI) in 1959. Further consolidation saw AEI taken over by GEC in 1967.
Dick, Kerr Ladies F.C. was one of the earliest known women's association football teams in England. The team remained in existence for over 48 years, from 1917 to 1965, playing 833 games, winning 759, drawing 46, and losing 28. During its early years, matches attracted anywhere from 4,000 to over 50,000 spectators per match. In 1920, Dick, Kerr Ladies defeated a French side 2–0 in front of 25,000 people that went down in history as the first international women's association football game. The team faced strong opposition by the Football Association (FA), who banned the women from using fields and stadiums controlled by FA-affiliated clubs for 50 years.
The Metropolitan Water District of Southern California is a regional wholesaler and the largest supplier of treated water in the United States. The name is usually shortened to "Met," "Metropolitan," or "MWD." It is a cooperative of fourteen cities, eleven municipal water districts, and one county water authority, that provides water to 19 million people in a 5,200-square-mile (13,000 km2) service area. It was created by an act of the California Legislature in 1928, primarily to build and operate the Colorado River Aqueduct. Metropolitan became the first contractor to the State Water Project in 1960.
Andrew Graham Murray, 1st Viscount Dunedin, was a Scottish politician and judge. He served as Secretary for Scotland between 1903 and 1905, as Lord Justice General and Lord President of the Court of Session between 1905 and 1913 and as a Lord of Appeal in Ordinary between 1913 and 1932.
Dick, Kerr and Company was a locomotive and tramcar manufacturer based in Kilmarnock, Scotland and Preston, England.
The Balmain Reservoir is a 2,376,000-imperial-gallon (10.80 ML) disused, covered reservoir located under Gladstone Park in Balmain, in the Inner West of Sydney, New South Wales, Australia.
The William Girling Reservoir is located in the London Borough of Enfield and is part of the Lee Valley Reservoir Chain that supplies London with drinking water. It is named after William Girling OBE, a chairman of the Metropolitan Water Board (MWB). The reservoir and the nearby King George V Reservoir are known collectively as the Chingford Reservoirs. The storage reservoir, which is owned by Thames Water, is bordered by Chingford to the east and Ponders End and Edmonton to the west, and covers 334 acres with a perimeter of 3.5 miles (5.6 km). There is no public access.
The King George V Reservoir, also known as King George's Reservoir, is located in the London Borough of Enfield and is part of the Lee Valley Reservoir Chain that supplies London with drinking water. The storage reservoir is bordered by Sewardstone and Chingford to the east and Brimsdown and Ponders End to the west, and covers 420 acres, making it the largest in London. The reservoir and the nearby William Girling Reservoir are known collectively as the Chingford Reservoirs, and are owned and managed by Thames Water.
Lilian Parr was an English professional women's association football player who played as a winger. She is best known for playing for the Dick, Kerr's Ladies team, which was founded in 1917 and based in Preston, Lancashire.
The Staines Reservoirs are two large pumped storage reservoirs sitting to the east of the King George VI Reservoir near Heathrow airport in Surrey within the Colne Valley regional park. The village of Stanwell is mainly to the north east, and the town of Staines is to the south.
The Knight Reservoir is a large pumped storage reservoir located in the Borough of Elmbridge in Surrey. It was inaugurated in 1907 and stores up to 2,180 million litres of raw water abstracted from the River Thames prior to its treatment and supply to London and north Surrey. It is located south of the River Thames, west of West Molesey, and between Hurst Road (A3050) and Walton Road (B369). It is adjacent to, and west of, its twin Bessborough Reservoir.
The Island Barn Reservoir lies south of the River Thames in England at West Molesey and north of Lower Green, Esher. The reservoir is 122 acres (0.49 km2) large with a capacity of 992 million gallons and is managed by Thames Water. It is within the borough of Elmbridge and is surrounded by the River Mole to the west and the River Ember to the east. Queen Elizabeth II Reservoir is a larger reservoir to the West.
The Queen Elizabeth II Reservoir lies to the south of the River Thames and to the west of the Island Barn Reservoir. To the north are the Bessborough and Knight reservoirs. The A3050 runs to the north of the reservoir and it is situated in Walton on Thames. It is managed by Thames Water.
Llanishen Reservoir is a Victorian reservoir in North Cardiff in Wales. The reservoir is one of the reservoirs constructed as part of the Taff Fawr scheme for supplying water to Cardiff and was completed in 1886. It forms part of the Nant Fawr Corridor from the top of Roath Park to the countryside beyond Cyncoed.
The Maroondah Dam is a rock-foundation concrete gravity dam with an uncontrolled rock-chute spillway across the Watts River, located in the Central region of the Australian state of Victoria. The storage created by the dam is called Maroondah Reservoir. The principal purpose of the dam and its reservoir is to supply potable water for Greater Metropolitan Melbourne.
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract. Historically, there had been no way of setting aside an impossible contract after formation; it was not until 1863, and the case of Taylor v Caldwell, that the beginnings of the doctrine of frustration were established. Whilst the doctrine has seen expansion from its inception, it is still narrow in application; Lord Roskill stated that it is "not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent bargains".
Idamalayar Dam is a multipurpose concrete gravity dam located at Ennakkal between Ayyampuzha and Bhoothathankettu in Ernakulam district of Kerala on the Idamalayar, a tributary of the Periyar River in Kerala, South India. The dam however extends east as far as Malakkappara. Completed in 1985, with a length of 373 metres (1,224 ft) and a height of 102.8 metres (337 ft), the dam created a multipurpose reservoir covering 28.3 km2 (10.9 sq mi) in the scenic hills of the Anamalais.
The Waterloo & City Railway began operating services on 11 July 1898 with newly built 4-car electric multiple units, each consisting of two Driving Motor vehicles sandwiching a pair of unpowered Trailer vehicles, the first EMU design to be used in a deep-level tube railway.