Paradine v Jane [1647] EWHC KB J5 is an English contract law case which established absolute liability for contractual debts.

On July 19, 1643, the British Royalist forces, known as the Cavaliers, took possession of land owned by the plaintiff, Paradine, which was under lease to the defendant, Jane.

[1646] brings his action; the defendant pleads, that a certain German prince, by name Prince Rupert, an alien born, enemy to the King and his kingdom, had invaded the realm with an hostile army of men; and with the same force did enter upon the defendant’s possession, and him expelled, and held out of possession from the 19 of July 18 Car.

[1]The justices of the King's Bench Division stated that even though in previous cases they would not allow a lessor to proceed against a lessee in time of war, Jane was still liable for the rent.

6. was cited for this purpose, that though the land be surrounded, or gained by the sea, or made barren by wildfire, yet the lessor shall have his whole rent: and judgment was given for the plaintiff.

He argues that no legal system consistently held parties absolutely liable for the contracts they made, and that the holding of Paradine itself is limited to its own circumstances, meaning that either the defendant could not counterclaim his own plea against the landlord’s action for rent, or that the court considered the leasehold to be a fully executed transaction.