''Hoenig v Isaacs'' EWCA Civ 6
is 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

Somervell LJ upheld the decision of an Official Referee at first instance, His Honour 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 Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he w ...

also disallowed the appeal and gave judgment as follows.

Notes

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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

Facts

Judgment

See also

Notes

References