In the realm of contract law, the case of Knightley v Johns (1852) stands as a pivotal precedent. It established the fundamental principle of frustration of purpose, shaping the way courts interpret and apply contracts in the face of unforeseen circumstances.

Frustration of purpose arises when an event beyond the parties’ control fundamentally undermines the primary purpose of a contract. In Knightley v Johns, the plaintiffs agreed to hire the defendants’ music hall for the purpose of hosting concerts. However, before the concerts could take place, the Lord Chamberlain ordered the hall closed due to safety concerns.

The court ruled that the contract had been frustrated, as the hall’s closure made it impossible for the plaintiffs to use the property for its intended purpose. The plaintiffs were not obligated to pay the rent, and the defendants were not liable for damages.

Elements of Frustration of Purpose

In order to establish frustration of purpose, the following elements must be present:

  • The event must occur after the contract is formed.
  • The event must be beyond the parties’ control.
  • The event must fundamentally undermine the purpose of the contract.

Consequences of Frustration of Purpose

When a contract is frustrated, the following consequences arise:

  • The contract is automatically terminated.
  • Neither party is liable for damages.
  • Restitution may be ordered by the court to prevent unjust enrichment.

Application of Frustration of Purpose

The principle of frustration of purpose has been applied in a wide range of cases, including:

  • Impossibility: When an event makes it physically or legally impossible to perform the contract.
  • Illegality: When an event makes the performance of the contract illegal.
  • Frustration by Delay: When an event causes such a delay that the contract becomes impracticable.

Distinction from Impracticability

Frustration of purpose is distinct from impracticability. Impracticability occurs when an event makes the performance of the contract more difficult or expensive, but not impossible. In such cases, the contract is not automatically terminated, but the parties may be entitled to adjust the terms.

Criticisms of Knightley v Johns

The decision in Knightley v Johns has been criticized for its narrow focus on the primary purpose of the contract. Critics argue that courts should also consider the parties’ broader expectations and interests when determining whether a contract has been frustrated.


Knightley v Johns remains a cornerstone of contract law, providing a framework for courts to address unforeseen events that disrupt the performance of contracts. Its principles of frustration of purpose ensure that parties are not held liable for circumstances beyond their control while protecting their legitimate expectations.



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