Mackay v Dublin Corporation

• Jurisdiction: Ireland
• Judgment Date: 01 January 1919
• Date: 01 January 1919
• Court: Court of Appeal (Ireland)

C. A.,

Mackay

and

Dublin Corporation

Construction of reservoir - Government restrictions on the supply of materials - Diversion of labour - Fulfilment of contract involving serious hardship - Annulment of contract - Courts (Emergency Powers) Act, 1917 (7 8 Geo. V., c. 25), s. 1.

M. contracted with the Dublin Corporation to construct a storage reservoir, the contract being dated 13th July, 1913. M. applied to have the contract annulled under s. 1 of the Courts (Emergency Powers) Act to 1917, on the ground that owing to the restrictions on the supply of wood, iron and other materials, and the diversion and insufficiency of labour due to the war, the contract could not be enforced without serious hardship: —Held, varying the decision of Ross, J., who had annulled the contract unconditionally, that the contract was one which, under the circumstances, ought to be annulled on conditions imposed by the Court. The Court, in exercising the discretion conferred by s. 1 of the Courts (Emergency Powers) Act. 1917, will consider the nature of the contract and the position of the parties when the contract was made and their position in consequence of the war when they apply to the...