Court : House of Lords
Decided on : Dec-11-1980
..... to grant a lease is certainly an interest in land; it is registrable as an estate contract class c (iv): see land charges act 1925, section 10; land charges act 1972, section 2(4). so here we have the case of an agreement being effectually discharged by frustration notwithstanding that it has created an estate or interest ..... the question affirmatively, and viscount simon and lord wright on the other, who answered it negatively, with lord porter reserving his opinion until the point arose definitively for consideration. the point, though one of principle, is a narrow one. it is the difference immortalised in h.m.s. pinafore between "never" and ..... question involves me in the view that whether a supervening event is a frustrating event or not is, in a wide variety of cases, a question of degree, and therefore to some extent at least of fact, whereas in your lordships' house in tsakiroglou and co. ltd. v. noblee thorl g.m.b ..... steamship co. ltd. v. anglo mexican petroleum co.  2 a.c. 397, 404). this is the " construction theory ". in davis contractors ltd. v. fareham u.d.c.  a.c. 696 at 729 ..... or what is the " adventure ". another theory, of which the parent may have been lord loreburn in tamplin steamship co. ltd. v. anglo mexican petroleum co.  2 a.c. 397, is that the doctrine is based on the answer to the question: " what in fact is the true meaning of the contract? " see tamplin .....Tag this Judgment!