Poussard v Spiers and Pond
Encyclopedia
Poussard v Spiers and Pond (1876) 1 QBD 410 is an English contract law
case, concerning the classification of contract terms and wrongful dismissal
.
at the Criterion Theatre
for £11 a week for three months. This was on condition that the opera ran for three months and started at about 14 November. The letter of engagement read,
The first performance was announced for 28 November and Poussard did not object. She came to rehearsals. But because the composer delayed, Poussard did not get the music for the last part of the opera till a few days before the 28th. She was taken ill and did not attend the final rehearsals in the last week. Spiers and Pond engaged another performer, Miss Lewis to be ready to take over if Poussard could not. Miss Lewis would receive a douceur if she was not hired, and £15 a week if she was. Poussard continued to be ill for the first three days. On Thursday 4 December she was well again, but Spiers and Pond refused to have her back. Mr Poussard claimed for wrongful dismissal
on his wife's behalf.
At trial before Field J in Middlesex Michaelmas sittings, the jury found that employing Miss L was reasonable under the circumstances. Spiers and Pond were given leave to claim £83 from Poussard. Poussard appealed.
Cited in argument for Spiers and Pond
Subsequent cases
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
case, concerning the classification of contract terms and wrongful dismissal
Wrongful dismissal
Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of...
.
Facts
Madame Poussard agreed in writing to sing and play the lead role at Spiers and Pond's French operaFrench Opera
French opera is one of Europe's most important operatic traditions, containing works by composers of the stature of Rameau, Berlioz, Bizet, Debussy, Poulenc and Olivier Messiaen...
at the Criterion Theatre
Criterion Theatre
The Criterion Theatre is a West End theatre situated on Piccadilly Circus in the City of Westminster, and is a Grade II* listed building. It has an official capacity of 588.-Building the theatre:...
for £11 a week for three months. This was on condition that the opera ran for three months and started at about 14 November. The letter of engagement read,
“Criterion Theatre, Oct. 16th, 1874.
“To Madame Poussard.
“On behalf of Messrs. Spiers & Pond I engage you to sing and play at the Criterion Theatre on the following terms:—
“You to play the part of Friquette in Lecocq's opera of Les Pres Saint Gervais, commencing on or about the fourteenth of November next, at a weekly salary of eleven pounds (11l.), and to continue on at that sum for a period of three months, providing the opera shall run for that period. Then, at the expiration of the said three months, I shall be at liberty to re-engage you at my option, on terms then to be arranged, and not to exceed fourteen pounds per week for another period of three months. Dresses and tights requisite for the part to be provided by the management, and the engagement to be subject to the ordinary rules and regulations of the theatre.
“Ratified: … “E. P. Hingston, Manager.
“Spiers & Pond.
“Madame Poussard, 46, Gunter Grove, ChelseaChelsea, LondonChelsea is an area of West London, England, bounded to the south by the River Thames, where its frontage runs from Chelsea Bridge along the Chelsea Embankment, Cheyne Walk, Lots Road and Chelsea Harbour. Its eastern boundary was once defined by the River Westbourne, which is now in a pipe above...
.”
The first performance was announced for 28 November and Poussard did not object. She came to rehearsals. But because the composer delayed, Poussard did not get the music for the last part of the opera till a few days before the 28th. She was taken ill and did not attend the final rehearsals in the last week. Spiers and Pond engaged another performer, Miss Lewis to be ready to take over if Poussard could not. Miss Lewis would receive a douceur if she was not hired, and £15 a week if she was. Poussard continued to be ill for the first three days. On Thursday 4 December she was well again, but Spiers and Pond refused to have her back. Mr Poussard claimed for wrongful dismissal
Wrongful dismissal
Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of...
on his wife's behalf.
At trial before Field J in Middlesex Michaelmas sittings, the jury found that employing Miss L was reasonable under the circumstances. Spiers and Pond were given leave to claim £83 from Poussard. Poussard appealed.
Judgment
Blackburn J (delivering the court's judgment) held that failing to turn up for the first performances entitled Spiers and Pond to rescind the contract, for this went to the root of the matter. Blackburn J stated the facts and then continued.See also
Cited in argument for Poussard- Cuckson v Stones 1 E. & E. 248; 28 L. J. (Q.B.) 25
- Simpson v Crippin Law Rep. 8 Q. B. 14
- Tilley v Thomas Law Rep. 3 Ch. Ap. 61
Cited in argument for Spiers and Pond
- Bettini v GyeBettini v GyeBettini v Gye 1 QBD 183 is an English contract law case, concerning the right to terminate performance of a contract.-Facts:Mr Bettini agreed with Frederick Gye that he would not sing anywhere within fifty miles of London except at the Royal Italian Opera, Covent Garden , from 1 January to 1...
(1876) 1 QBD 183 - Graves v Legg 9 Ex. 709; 23 L. J. (Ex.) 228
Subsequent cases
- Torquay Hotel Co Ltd v Cousins [1969] 2 Ch 106