''Hoenig v Isaacs''
EWCA_Civ_6is_an_
EWCA_Civ_6is_an_English_contract_law">952
EWCA_Civ_6
is_an_English_contract_law_case_concerning_substantial_performance_of_an_entire_obligation.
_Facts
Mr_Hoenig_was_contracted_to_decorate_and_furnish_Mr_Isaacs'_flat_for_£750._When_the_work_was_done,_there_were_problems_with_a_bookcase_and_wardrobe,_which_would_cost_£55_to_fix._Mr_Isaacs_refused_to_pay_the_£350_outstanding.
_Judgment
Donald_Somervell,_Baron_Somervell_of_Harrow.html" ;"title="English_contract_law.html" ;"title="952
EWCA Civ 6
is an 952
EWCA_Civ_6
is_an_English_contract_law_case_concerning_substantial_performance_of_an_entire_obligation.
_Facts
Mr_Hoenig_was_contracted_to_decorate_and_furnish_Mr_Isaacs'_flat_for_£750._When_the_work_was_done,_there_were_problems_with_a_bookcase_and_wardrobe,_which_would_cost_£55_to_fix._Mr_Isaacs_refused_to_pay_the_£350_outstanding.
_Judgment
Donald_Somervell,_Baron_Somervell_of_Harrow">Somervell_LJ_upheld_the_decision_of_an_Official_Referee_at_first_instance,_His_Honour_Lionel_Leach.html" ;"title="English contract law">952
EWCA Civ 6
is an English contract law case concerning substantial performance of an entire obligation.
Facts
Mr Hoenig was contracted to decorate and furnish Mr Isaacs' flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix. Mr Isaacs refused to pay the £350 outstanding.
Judgment
Donald Somervell, Baron Somervell of Harrow">Somervell LJ upheld the decision of an Official Referee at first instance, His Honour Lionel Leach">Sir Lionel Leach, in finding there had been substantial compliance. He noted that each case turns on the construction of the contract. Where there is substantial performance of the contract, then money must be paid. The work was done, and then there was merely a damages claim in respect of the faulty parts. He noted the case was near the border line for substantial performance and disallowed the appeal.
Denning LJ also disallowed the appeal and gave judgment as follows.
See also
*''Jacob & Youngs v. Kent'', 230 N.Y. 239 (1921) the possible inspiration, and judgment by Cardozo J in New York
*'' Cutter v Powell'' (1795) 101 ER 573
*''Sumpter v Hedges
''Sumpter v Hedges'' 898
__NOTOC__
Year 898 ( DCCCXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* January 1 – King Odo I (or Eudes) dies at La Fère (Northern France) af ...
1 QB 673 is an English contract law case, concerning substantial performance of a contract and restitution for unjust enrichment.
Facts
Mr Sumpter was a builder. He had a contract to build two houses and stables for M ...
'' 898
__NOTOC__
Year 898 ( DCCCXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* January 1 – King Odo I (or Eudes) dies at La Fère (Northern France) af ...
1 QB 673
*''Bolton v Mahadeva
''Bolton v Mahadeva'' 9722 All ER 1322 is an English contract law case, concerning substantial performance of an obligation.
Facts
Mr Walter Charles Bolton installed central heating for £560 in Mr T Mahadeva’s house. It was too cold, the h ...
'' 972
Year 972 ( CMLXXII) was a leap year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Spring – Emperor John I Tzimiskes divides the Bulgarian territories, recent ...
2 All ER 1322
*''Wilusynski v London Borough of Tower Hamlets
''Wiluszynski v London Borough of Tower Hamlets'' 989ICR 439 is a UK labour law case concerning the contract of employment. It held that if an employment was only partly performed due to a strike, this could be construed as not completing an ent ...
'' 989ICR 493, Nicholls LJ holding no "substantial performance" by - and no pay whatsoever for - a council worker on industrial action who did everything but answer enquiries from councillors.
Notes
{{reflist, 2
References
*
English unjust enrichment case law
Lord Denning cases
English termination case law
1952 in British law
Court of Appeal (England and Wales) cases
1952 in case law