August 31, 2025
Paradine v Jane [1647] EWHC KB J5 (26 March 1647)
A tenant, dispossessed of land by an invading army, was sued for unpaid rent. The court ruled he was still liable, as he was bound by his express contractual promise. This established the historic principle of absolute contractual liability, predating modern frustration. Facts The plaintiff, Paradine, brought an action of debt against the defendant, Jane, for arrears of rent due on land that Paradine had leased to Jane for a term of years. In his defence, Jane pleaded that he had been forced off the land and prevented from taking its profits for the duration for which rent was claimed.
