Pinnel's Case

Pinnel's Case (1602) 5 Co. Rep. 117a,[1] also known as Penny 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.

Contents

Facts

The plaintiff sued the defendant for the sum of £8 10s. The defence was based on the fact that the defendant had, at the plaintiff's request, tendered £5-2s-6d before the debt was due, which the plaintiff had accepted in full satisfaction for the debt.

Judgment

The rule in Pinnel's Case is that:[1]

payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, a lesser sum can be a satisfaction to the plaintiff for a greater sum: but the gift of a horse, hawk, or robe, etc. in satisfaction is good... [as] more beneficial to the plaintiff than the money.

See also

Notes

  1. ^ a b Coke, Edward (1826) [1604]. Thomas, John Henry and Fraser, John Farquhar. ed. The Reports of Sir Edward Coke. 3. Butterworth's. pp. 238–239. http://books.google.co.uk/books?id=DlYDAAAAQAAJ&printsec=titlepage&source=gbs_summary_r&cad=0#PRA8-PA238,M1. Retrieved 2008-10-11. "Pinnel's Case (1602) 5 Co Rep 117a"