Pinnel's Case Explained

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

Facts

Pinnel sued Cole, in an action of debt upon a bond, for the sum of £8 10s. The defendant, Cole, argued he had, at Pinnel's request, tendered £5 2s 2d before the debt was due, and the plaintiff had accepted in full satisfaction for the debt.

Judgment

The case reports the judgment as follows.

Pinnel's case was followed by Foakes v Beer [1884]^[2] and Jorden v Money [1854].^[3]

Exceptions to rule

The case law has evolved over the years to create a number of exceptions to the rule in Pinnel's case.^[4]

The exceptions to the rule in Pinnel's case include:

• Payment accompanied by fresh consideration;^[5]
• Prepayment of debt at the creditor's request;^[2]
• Payment of a lesser sum at another place at the creditor's request;^[2]
• A contract with creditors after insolvency of the debtor;
• The parties enter into a deed of release; and
• Promissory estoppel.^[6]

See also

• English contract law
• Central London Property Trust Ltd v High Trees House Ltd
• D&C Builders Ltd v Rees
• Williams v Roffey Bros Ltd
• Re Selectmove Ltd

Notes and References

1. Book: Coke, Edward. Edward Coke

   . Edward Coke . Thomas, John Henry . Fraser, John Farquhar . The Reports of Sir Edward Coke . 1604 . 2008-10-11. 3. 1826. Butterworth's . 238–239. Pinnel's Case (1602) 5 Co Rep 117a.

2. Foakes v Beer . Foakes v Beer . 1884 . UKHL . 1 . 16 May 1884 . 9 App Cas 605, (1883-84) LR 9 App Cas 605, (1884) 9 App Cas 605.
3. Jorden v Money [1854] 10 ER 868
4. Web site: Davis. Wayne. 2020-05-01. Part Payment of a Debt – The Rule in Pinnel's Case. 2020-07-08. Stonegate Legal. en-AU.
5. Hartley v Ponsonby [1857] EngR 605
6. Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130