Poussard v Spiers and Pond

Ratio Decidendi

Facts

An opera singer was engaged to perform in an opera from the opening night. She fell ill and missed the first few performances. The producers replaced her and refused to let her perform when she recovered.

Judgment Summary

The Queen's Bench Division held that the singer's obligation to perform from the opening night was a condition of the contract — a term going to the root of the agreement — so that her failure through illness to appear for the opening and early performances was a breach of condition entitling the producers to treat the contract as discharged and to engage a substitute in her place. Because the opening nights were critical to the success of the run, and the producers had had to secure a replacement who would only take the engagement on a full-season basis, the failure deprived them of substantially what they had contracted for. Blackburn J held that the producers were accordingly justified in refusing to allow Poussard to take up the role when she recovered. The case is the classic counterpart to Bettini v Gye, illustrating that breach of a condition (as opposed to a warranty) permits termination.

Key Quotes

Subsequent Treatment