Hoenig v Isaacs [1952] EWCA Civ 6 is an English contract law

English contract law

English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...

 case, concerning substantial performance of an entire obligation.

Facts

Mr Hoenig was meant to decorate and furnish Mr Isaac’s flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix. Mr Isaac refused to pay the £350 outstanding

Judgment

Somervell LJ noted 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 bits.

Denning LJ gave judgment as follows.
Romer LJ concurred.

See also

• Jacob & Youngs v. Kent
  Jacob & Youngs v. Kent
  Jacob & Young, Inc. v. Kent, 230 N.Y. 239 is a famous contract law case with the majority opinion by Judge Cardozo. It dealt with the matters of material breach and substantial performance.-Facts:...
  
  , 230 N.Y. 239 (1921) the possible inspiration, and judgment by Cardozo J in New York
• Cutter v Powell
  Cutter v Powell
  Cutter v Powell 101 ER 573 is an English contract law case, concerning substantial performance of a contract.-Facts:Mr T Cutter agreed he would sail with Powell from Kingston, Jamaica to Liverpool, England. The contractual note read as follows....
  
  (1795) 101 ER 573
• Sumpter v Hedges
  Sumpter v Hedges
  Sumpter v Hedges [1898] 1 QB 673 is an English contract law case, concerning substantial performance of a contract and restitution for unjust enrichment.-Facts:...
  
  [1898] 1 QB 673
• Bolton v Mahadeva
  Bolton v Mahadeva
  Bolton v Mahadeva [1972] 2 All ER 1322 is an English contract law case, concerning substantial performance of an obligation.-Facts:Mr Walter Charles Bolton installed central heating for £560 in Mr T Mahadeva’s house. It was too cold, the heat came unevenly and it all gave off fumes. Bolton refused...
  
  [1972] 2 All ER 1322

• Miles v Wakefield Borough Council [1987] AC 539, Lord Bridge and Lord Brightman reincarnating the doctrine in Cutter v Powell to use against a council registrar who refused to work 3 out of 37 hours, as part of industrial action. They advised the employer that they needed to pay nothing.
• Wilusynski v London Borough of Tower Hamlets [1989] ICR 493, Nicholls LJ holding no "substantial performance" by - and no pay whatsoever for - a council worker on industrial action who did everything but answer enquiries from councillors.