Breeknock Co. vs. Pritchard (6 TR 750)

Case Name: Breeknock Co. vs. Pritchard

Citation: 6 Term Reports 750 (6 TR 750)

Jurisdiction: English courts

Judgment:-The case involved a contract for building and maintaining a bridge over a river for a fixed term. A severe flood, considered an “act of God,” destroyed the bridge within the specified timeframe. The court ruled that despite the unforeseen and extraordinary nature of the flood, the contractor was obligated to rebuild the bridge. The judgment highlighted that absolute contractual obligations remain binding even if circumstances beyond the control of the parties prevent fulfillment. Thus, the contractor was held liable to reconstruct the bridge according to the terms of the agreement.

Historical Background

The case of Breeknock Co. vs. Pritchard, decided in 1805, is rooted in the broader legal principles concerning contracts, performance, and unforeseen events. During this period, contract law was evolving, grappling with the notion of absolute obligations versus circumstances beyond an individual’s control.

The late 18th and early 19th centuries marked a significant transition in English contract law. Courts were interpreting and refining the concepts of contractual obligations, especially when faced with unexpected events that hindered the fulfillment of those obligations.

This era saw the development of the “act of God” doctrine within contract law. It centered around the idea that parties could be excused from their contractual duties if performance became impossible due to events considered beyond human control or foresight. The Breeknock Co. vs. Pritchard case contributed to shaping the understanding of how this doctrine applied in contractual disputes, specifically in construction and maintenance agreements.

The case provided a pivotal precedent illustrating the limitations of the “act of God” defense in certain contractual situations. It underscored the principle that even when unforeseen and exceptional circumstances, such as natural disasters or extraordinary events, occur, parties might still be held responsible for fulfilling their contractual commitments if they’ve explicitly agreed to absolute performance.

The judgment in this case added depth to the understanding of contractual obligations and the boundaries of exemption when faced with extraordinary events, laying the groundwork for future contract law interpretations, particularly regarding performance and unforeseen circumstances.


In the case of Breeknock Co. vs. Pritchard, a builder agreed to construct and maintain a bridge over a river for a set time. However, an unexpected and powerful flood destroyed the bridge within that period. Despite the flood being considered an “act of God,” the court ruled that the builder was still responsible for rebuilding the bridge. This decision highlighted that even if unforeseen events disrupt a contract if someone commits to a task, they might still be obliged to complete it, even when faced with circumstances beyond their control.


In the case of Breeknock Co. vs. Pritchard, a builder agreed to construct a bridge over a river and maintain it according to a specific schedule. The agreement outlined provisions where the builder was responsible for repairs and upkeep for a fixed period. However, during this timeframe, an unforeseen and extraordinary flood occurred, destroying the bridge. This event fell under the “act of God” clause, indicating a natural disaster beyond human control. Despite this, the contract’s terms held the builder accountable for the bridge’s reconstruction and upkeep, even though it was destroyed due to the exceptional flood.


  1. Did the unforeseen flood that destroyed the bridge fall under the “act of God” provision in the contract?
  2. Despite the exceptional circumstances, was the builder still obligated to rebuild the bridge according to the agreed-upon schedule?


In the case of Breeknock Co. vs. Pritchard, even though the flood that destroyed the bridge was considered an “act of God,” the court ruled that the builder was still responsible for rebuilding it. The judgment highlighted that despite unforeseen and extraordinary events when someone agrees to a task within a contract, they remain bound to fulfill that obligation. Therefore, the builder was held liable to reconstruct the bridge as outlined in the contract, despite it being destroyed due to the exceptional flood.


In the case of Breeknock Co. vs. Pritchard, a builder agreed to build and look after a bridge. But, a huge flood wrecked the bridge within the agreed time. Even though it was a crazy flood, the court said the builder still had to rebuild it. The decision showed that even if something unexpected messes up a deal if you promise to do something, you might still have to do it, even if something beyond your control messes things up.

“Should contractual obligations be absolute, even in the face of unforeseen and uncontrollable events, or should there be exceptions based on circumstances beyond human control?”

The balance between contractual certainty and fairness. While contracts provide a framework for commitments, unforeseen events like an “act of God” can disrupt these agreements. The court’s decision in Breeknock Co. vs. Pritchard leaned towards upholding absolute obligations, emphasizing that when someone commits to a task, they should generally fulfill it, even if faced with extraordinary events. This approach prioritizes the sanctity of contracts. However, some argue for flexibility, suggesting that in extreme and genuinely uncontrollable situations, allowances should be made to relieve parties from fulfilling obligations that are impossible due to forces beyond human influence. Balancing certainty and fairness in contractual obligations remains a crucial aspect of legal interpretation.