For example, in Courturier v Hastie, a corn delivery expired when two businessmen entered into a contract with it, and it was therefore found (perhaps controversial) that the seller was not liable because it was still physically impossible. And in Cooper v Phibbs, the House of Lords ruled that an agreement to lease a fishery was not entered into because it turned out that the tenant was indeed the owner. It is legally impossible to get a rental of something you own. Here too, the doctrine of common error can be circumvented, so that in McRae v Commonwealth Disposals Commission, it was found that, despite the fact that a destroyed ship off the Great Barrier Reef never existed, because a rescue operation had actually been promised by the Australian government that it was there, there was no common mistake. Like frustration, doctrine only works within narrow limits.
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