Cutter v Powell [1795]

Court: Court of King’s Bench

Facts: Cutter was contracted to serve as second mate on a ship voyage from Jamaica to Liverpool. His contract stated that he would be paid a lump sum if he completed the entire voyage. Cutter died partway through the journey, and his widow sought to recover a proportionate amount of his wages.

Issue: Can part performance of an entire contract entitle a party to partial payment?

Held: The court held that the contract was entire, and since Cutter did not complete the voyage, his widow could not claim any payment. Completion of the full voyage was a condition precedent to payment.

Key Judicial Statement: Lord Kenyon CJ stressed that when a contract is entire, failure to perform the whole obligation precludes recovery for part performance.

💡Leveluplaw: In entire contracts, full performance is required to trigger payment. Partial performance does not entitle the party to partial payment unless the contract specifies otherwise.