Herne Bay Steamboat v Hutton [1903]

Defendant chartered boat from plaintiff for express
purpose of taking paying passengers to see the coronation naval review and tour
the fleet.
Coronation cancelled but fleet remained.
Court of Appeal held happening of review was not at
foundation of contract and defendant was not discharged.
If existence of particular state of things is merely
motive for one party to enter contract as opposed to basis on which both
contract then principle cannot be applied.
Pointed out:
1.  Tour of
fleet still poss.
2.  Defendant’s
own venture and it was at his own risk.
[Difficult to see real distinction between this and Krell]