Partial performance CASES
In English law, partial performance refers to situations where a contractual party completes only a portion of their obligations, leaving the contract partially unfulfilled.
Definition and Principles
Partial performance typically does not entitle a party to payment or benefits unless explicitly permitted by the contract or accepted by the other party. Complete performance is usually necessary under entire contracts.
Legal Considerations
- Partial performance often insufficient under entire contracts.
- Courts may award remedies, such as quantum meruit, if partial work is voluntarily accepted.
Example Cases
- Cutter v Powell (1795): Partial completion of agreed service insufficient for any payment.
- Sumpter v Hedges (1898): Partial construction work didn’t entitle builder to payment, except for materials voluntarily accepted by the owner.
Practical Importance
Recognising partial performance highlights the need for clear contractual terms and effective negotiation, protecting parties from unintended obligations or disputes.
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A builder abandoned a lump-sum contract after completing part of the work. The owner finished the project. The court held the builder could not claim for the work done, as the owner had no choice but to accept it. He could, however, claim for loose materials the owner used. Facts The plaintiff, a builder, entered into a contract with the defendant to build two houses and stables on the defendant’s land for a lump sum of £565. The plaintiff completed part of the work, valued at approximately £333, and received partial payment. He then informed the defendant that he had
An author was contracted to write a book for a series. The publisher then cancelled the series, preventing completion. The court held the author was entitled to reasonable payment for the work he had already completed, establishing a key principle of quantum meruit. Facts The plaintiff, Mr Planche, was engaged by the defendants, publishers Colburn & Co., to write a volume on ‘Costume and Ancient Armour’ for a series called ‘The Juvenile Library’. The agreed fee upon completion was £100. The plaintiff commenced the work, conducting research and preparing a portion of the manuscript. Before he could complete and deliver
A sailor was promised a lump sum for a voyage from Jamaica to Liverpool but died before arrival. His widow sued for a proportionate payment but failed. The court ruled the contract was entire and required full performance for any payment to be due. Facts The defendant, Powell, the master of the ship ‘Governor Parry’, engaged T. Cutter to act as second mate for a voyage from Kingston, Jamaica to Liverpool. The defendant issued a promissory note which stated: ‘Ten days after the ship ‘Governor Parry,’ myself master, arrives at Liverpool, I promise to pay to Mr. T. Cutter the
