Court case[1903] 2 KB 683

Hutton hired the steamboat Cynthia from the company for two days "for the purpose of viewing the naval review and for a day's cruise round the fleet" assembled at Spithead for the coronation. The review was cancelled when the King fell ill, but the fleet remained at anchor and the cruise round it was still possible. Hutton did not use the boat and refused to pay the balance of the hire.

The Court of Appeal held that the contract was not frustrated and Hutton must pay. The review was not the sole foundation of the contract: the cruise round the fleet, which was still there, was an equally important object, and the risk that the review might not take place was Hutton's as the hirer of a vessel for his own venture. The company, unlike Krell, had no concern with the object for which the boat was wanted; it had simply hired out a boat.