''Pinnel's Case''

602 __NOTOC__ Year 602 ( DCII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. The denomination 602 for this year has been used since the early medieval period, when the Anno Domini calendar era b ...

5 Co. Rep. 117a, also known as ''Penny v Cole'', is an important case in

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

, on the doctrine of

part performance The Statute of Frauds (29 Car 2 c 3) (1677) was an Act of the Parliament of England. It required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and sign ...

. In it,

Sir Edward Coke ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as p ...

opined that a part payment of a debt could not extinguish the obligation to pay the whole.

Facts

Pinnel sued Cole, in an action of debt upon a bond, for the sum of £8 10s. The defendant, Cole, argued he had, at Pinnel's request, tendered £5 2s 2d before the debt was due, and the plaintiff had accepted in full satisfaction for the debt. (KahuroSam 2021)

Judgment

The case reports the judgment as follows. ''Pinnel's case'' was followed by ''

Foakes v Beer is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts. It is a leading case from the House of Lords on the legal concept of consideration. It established the rule that pr ...

'' 884ref name=Foakes> and ''Jorden v Money''

854 __NOTOC__ Year 854 ( DCCCLIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * Emperor Lothair I meets his (half) brothers (Louis the German and Charles the Bal ...

Exceptions to the rule in Pinnel's Case

The case law has evolved over the years to create a number of exceptions to the rule in Pinnel's case. The exceptions to the rule in Pinnel's case include: * Payment accompanied by fresh consideration; * Prepayment of debt at the creditor's request; * Payment of a lesser sum at another place at the creditor's request; * A contract with creditors after insolvency of the debtor; * The parties enter into a deed of release; and *

Promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity ...

.''

Central London Property Trust Ltd v High Trees House Ltd ''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130 is a famous English contract law decision in the High Court. It reaffirmed and extended the doctrine of promissory estoppel in contract law in England and Wales. Howeve ...

947 Year 947 ( CMXLVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – A Hungarian army led by Grand Prince Taksony campaigns in Italy, heading ...

KB 130

Notes

References

* {{italic title English contract case law 1602 in English law Edward Coke cases English consideration case law

Facts

Judgment

Exceptions to the rule in Pinnel's Case

See also

Notes

References