Planche v Colburn [1831] EWHC KB J56 (14 June 1831)

Planche, a dramatist, was engaged to write an article on costume for a juvenile publication. When defendants discontinued the publication before completion, Planche sued for work already done. The court held he could recover on a quantum meruit for partial performance rendered useless by the defendants' breach.

Facts

The plaintiff, Planche, an author of dramatic entertainments, was engaged by the defendants, publishers Colburn and Bentley, to write an article on the history of armour and costume for their publication ‘The Juvenile Library’ for 100 guineas. Planche commenced work, travelling to make drawings and preparing considerable manuscript material adapted for juvenile readers. After three volumes were published, the defendants discontinued the Juvenile Library, rendering Planche’s work useless for its intended purpose. Planche claimed £50 for the work he had prepared.

Issues

Principal Legal Issue

Whether the plaintiff could recover compensation for partial performance of a contract when the defendants’ discontinuation of the publication prevented completion, particularly on a quantum meruit basis.

Secondary Issue

Whether the defendants’ subsequent offer for Planche to complete the work for separate publication constituted a new agreement that displaced the original contract.

Judgment

Tindal C.J. directed the jury that the plaintiff was not seeking the full contract sum but fair remuneration for work rendered useless by the defendants’ actions. The key question was whether any new arrangement had been made with the plaintiff’s consent that abandoned the original contract.

The court held that the plaintiff could recover on the quantum meruit count. The jury found for the plaintiff with damages of £50.

When the defendants moved for a rule challenging whether the verdict could be taken on the quantum meruit, the Court refused the rule.

Key Arguments

For the Defendants

The engagement was to pay for the article when complete, which the defendants remained willing to do. They argued they had offered to publish the work separately if completed.

For the Plaintiff

Wilde Serjt. argued that writing for a Juvenile Library differed materially from writing a separate work, requiring different styles. What was ingeniously adapted for young minds would make an author ridiculous if published for adults. Furthermore, an author has interests beyond mere payment, including reputation and effect on future works.

Implications

This case established the important principle that where a party has partially performed a contract and is prevented from completing it by the other party’s breach, they may recover on a quantum meruit for the value of work done. This prevents the party in breach from benefiting from their own wrongdoing by avoiding all liability simply because the contract was not fully performed. The case recognises that partial performance rendered useless by breach deserves compensation.

Verdict: Verdict for the plaintiff with damages of £50. The defendants’ subsequent motion was refused by the Court.

Source: Planche v Colburn [1831] EWHC KB J56 (14 June 1831)