at p. 242.]

Aikin J . in a later case has accepted the definition
and has observed : —

" I think I am bound by authority to treat the
doctrine of frustration of voyage as dependent upon the
existence of an implied contract, and the legal results
appear to be the same, whether the implied contract
relates to contracts de certo corpore, contracts of service,
or contracts having for their foundation the assumption
that a particular state of things will continue to exist.
The consequences are the same whether the assumption
is as to the continued existence of or the continued



Impossibility of Performance 273

"availability" of -a specific thing." [Lloyd Royal g^,* 1
Beige Societe Anonyme v. Stathatos, 1917, 33 T.L.R. pi"" "
390.]

Defini-
tion.
Principles of Earlier Decisions

Nearly all the recent war decisions as regards the JJ^JjjJ}™
result of intervening impossibility cite the older Deoi9ions -
English cases, and especially the group of cases which
arose out of the cancellation of the late King's corona-
tion. It is therefore felt that before approaching the
present war decisions a short review of the earlier
cases will prove of use.
The three great cases pf Baily v. De Crespigny ;
Taylor v. Caldwell ; and Appleby v. Myers have
principally to be noted.
In -Baily v. De Crespigny [1869, 4 L.R. Q.B. 180] #«% v.
the form of contract was a demise of certain land pigny.
by the defendant to the plaintiff containing a covenant
on the defendant's part not to permit any building
upon a paddock fronting the demised premises.
