| Hoenig v Isaacs | |
| Court: | Court of Appeal |
| Citations: | [1952] EWCA Civ 6, 2 All ER 176 |
| Judges: | Somervell LJ, Denning LJ, Romer LJ |
| Transcripts: | Full text of judgment |
Hoenig v Isaacs [1952] EWCA Civ 6 is an English contract law case concerning substantial performance of an entire obligation.
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.
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 also disallowed the appeal and gave judgment as follows.