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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.
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.
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 ...
Delay in payment or performance on the part of the creditor or obligor. Also known as mora creditoris. mora solvendi: delay of the one paying Delay in payment or performance on the part of the debtor or the obligee. Also known as mora debitoris. 2 forms: mora solvendi ex re - delay in giving or delivering a thing;
The release is completed by the transfer of valuable consideration that must not be the actual performance of the obligation itself. [1] The accord is the agreement to discharge the obligation and the satisfaction is the legal "consideration" which binds the parties to the agreement.
2. A performance or return promise is bargained for if it is sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise. 3. The performance may consist of an act other than a promise, or a forbearance, or the creation, modification, or destruction of a legal relation. [1]
The Law Commission. 1987. ISBN 0-10-200288-6. Transfer of Land - The Rule in Bain v. Fothergill (Working Paper No 98) (PDF). 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).
It is a leading case from the House of Lords on the legal concept of consideration. It established the rule that prevents parties from discharging an obligation by part performance, affirming Pinnel's Case (1602) 5 Co Rep 117a. In that case it was said that "payment of a lesser sum on the day [i.e., on or after the due date of a money debt ...