This rule is well illustrated by the case of [ case ]. Cutter agreed to serve on a ship from Jamaica to Liverpool. The defendant, Powell, agreed in return to pay Cutter 30 guineas (which was four times the going rate) 'provided he proceeds, continues and does his duty … from hence to the port of Liverpool'. Cutter died at sea some seven weeks into the voyage and 19 days short of Liverpool. An action by Cutter's widow to recover a proportion of the agreed contract price failed. The contract was said to be entire. Cutter was obliged to perform the given duty fully before he could demand payment. As the contract had not been completely performed, the widow was entitled to nothing.
Answer
Cutter v Powell (1796) 6 Term Rep 320
Tags
#contract #discharge #law
Question
This rule is well illustrated by the case of [ case ]. Cutter agreed to serve on a ship from Jamaica to Liverpool. The defendant, Powell, agreed in return to pay Cutter 30 guineas (which was four times the going rate) 'provided he proceeds, continues and does his duty … from hence to the port of Liverpool'. Cutter died at sea some seven weeks into the voyage and 19 days short of Liverpool. An action by Cutter's widow to recover a proportion of the agreed contract price failed. The contract was said to be entire. Cutter was obliged to perform the given duty fully before he could demand payment. As the contract had not been completely performed, the widow was entitled to nothing.
Answer
?
Tags
#contract #discharge #law
Question
This rule is well illustrated by the case of [ case ]. Cutter agreed to serve on a ship from Jamaica to Liverpool. The defendant, Powell, agreed in return to pay Cutter 30 guineas (which was four times the going rate) 'provided he proceeds, continues and does his duty … from hence to the port of Liverpool'. Cutter died at sea some seven weeks into the voyage and 19 days short of Liverpool. An action by Cutter's widow to recover a proportion of the agreed contract price failed. The contract was said to be entire. Cutter was obliged to perform the given duty fully before he could demand payment. As the contract had not been completely performed, the widow was entitled to nothing.
Answer
Cutter v Powell (1796) 6 Term Rep 320
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Open it This rule is well illustrated by the case of Cutter v Powell (1796) 6 Term Rep 320. Cutter agreed to serve on a ship from Jamaica to Liverpool. The defendant, Powell, agreed in return to pay Cutter 30 guineas (which was four times the going rate) 'provided he procee
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