Metropolitan Water Board v Dick Kerr and Co Ltd [1918]

Metropolitan Water Board v Dick Kerr and Co Ltd [1918] AC 119 centred on the frustration of an agreement related to the construction of a reservoir. The case provided insights into the impact of unforeseen events, specifically the outbreak of war, on contractual obligations.

In July 1914, Dick, Kerr & Co entered into an agreement with the Metropolitan Water Board (London) to construct a reservoir within a six-year timeframe. The contract included a provision stating that Dick, Kerr & Co should seek an extension of time from the engineer in case of any delay, irrespective of its cause.

However, two years later, on February 21, 1916, the Ministry of Munitions, in light of the ongoing war, issued an order for Dick, Kerr & Co to cease work and sell their plant. In response, the Metropolitan Water Board (MWB) pursued legal action against Dick Kerr, seeking an order for them to complete the reservoir as initially agreed upon.

The House of Lords rendered a crucial judgment in this case, determining that the contract between Dick, Kerr & Co and the Metropolitan Water Board was frustrated. The court held that the delay clause in the contract, which allowed for an extension of time in the face of any delays, was intended to cover temporary difficulties and not substantial and fundamental changes in the nature of the contract.

The court acknowledged the extraordinary circumstances arising from the war and the Ministry of Munitions' order, deeming them as events beyond the contemplation of the parties when entering into the agreement. Consequently, the House of Lords concluded that the contract had been frustrated due to these unforeseen and drastic developments. The frustration of the contract released Dick, Kerr & Co from their obligation to complete the reservoir, given the unprecedented and substantial changes that had occurred.

This case underscores the principle that the doctrine of frustration may be invoked when unforeseen events fundamentally alter the nature of a contract, rendering performance impossible or radically different from what was initially agreed upon. The court's interpretation of the delay clause as being applicable only to temporary difficulties further highlights the nuanced analysis undertaken to determine the frustration of the contract in the specific context of the case.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.