Paradine v Jane

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Paradine v Jane
Court King’s Bench
Citation Aleyn 27, 82 Eng. Rep. 897
Date decided March 26, 1647
Related Taylor v Caldwell
Questioned by
Taylor v Caldwell


  • English Civil War = 1642 - 1651 = during this case = fight between Royalists & Parliamentarians which saw the execution of Charles I in 1649 in Great Britain
  • Paradine = plaintiff = landlord
  • Jane = defendant = lessee
  • Prince Rupert of the Rhine = "Rupert" = British Royalist officer = noble who was also from the Holy Roman Empire = supporter of Charles I in Great Britain
  • Rupert's troops seized Jane's leasehold & expelled him
  • Rupert's forces held the land for 3 years
  • Jane, the expelled lessee, didn't pay rent for the 3 years that he was kicked off the leased land

Procedural History

  • Paradine sued Jane for 3 years of back rent
  • The expelled Jane, who had just returned to the land, retorted that he couldn't work the land during those 3 years to generate any profits to pay Paradine


Is a tenant obligated to pay rent during the term of a lease if the tenant's purposes are frustrated by a 3rd-party's action?


Yes. A tenant is obligated to pay rent during the term of the lease, even if the tenant's purposes are are frustrated by the actions of 3rd parties.


in favor of Paradine