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Pinnel's Case [1602] 5 Co. Rep. 117a, [1] also known as Pinnel v Cole, is an important case in English contract law, on the doctrine of part performance. In it, Sir Edward Coke opined that a part payment of a debt could not extinguish the obligation to pay the whole.
R D Mulholland, "Part performance and common law damages" [1991] NZLJ 211; R D Mulholland, "The Equitable Doctrines of Estoppel and Part Performance" (1989) 7 Otago Law Review 69 "Part Performance" [1997] NZLJ 103 "Part Performance of Contracts concerning Land" [1978] NZLJ 33; J F Northey and W C S Leys. "Equitable Doctrine of Part Performance".
If a contractor successfully demonstrates substantial performance, the owner remains obligated to fulfill payment, less any damages suffered as a result of the deficiencies in workmanship by the contractor. The principle is also found in the law of unilateral contracts. Unilateral contracts are contracts in which one party offers a promise in ...
A contract that may otherwise be unenforceable under the statute of frauds may become enforceable under the doctrine of part performance. If the party seeking enforcement of the contract has partially or fulfilled its duties under the contract without objection from the other party, the performing party may be able to use its performance to ...
Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. [1] It is typically available in the sale of land law , but otherwise is not generally available if damages are an appropriate alternative.
The Law Commission. 1986. ISBN 0-11-730179-5. Charlotte Groom (2011). "Straight through Certainty and Out the Other Side: Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 and Proprietary Estoppel" (PDF). Southampton Student Law Review. 1 (1). University of Southampton: 105– 110. Archived from the original (PDF) on 1 August ...
Foakes v Beer [1884] UKHL 1 is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts. [1] It is a leading case from the House of Lords on the legal concept of consideration.
The term statute of frauds comes from the Statute of Frauds, an act of the Parliament of England (29 Chas. 2 c. 3) passed in 1677 (authored by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins [2] and passed by the Cavalier Parliament), the long title of which is: An Act for Prevention of Frauds and Perjuries.