The plaintiff’s estate sought payment from the employer who had agreed to pay the deceased thirty pounds for an entire voyage. The plaintiff died part way through the voyage. The estate argued for payment on a quantum meruit.
Held: The court found there was no standard custom and practice. The contract was for an entire service. It was a condition precedent for payment that that service be completed. It had not been, and no payment was due. Ashurst J said: ‘This is a written contract, and it speaks for itself. And as it is entire, and as the defendant’s promise depends on a condition precedent to be performed by the other party, the condition must be performed before the other party is entitled to receive any thing under it. It has been argued however that the plaintiff may now recover on a quantum meruit: but she has no right to desert the agreement; for wherever there is an express contract the parties must be guided by it; and one party cannot relinquish or abide by it as it may suit his advantage.’
Citations:
[1795] EWHC KB J13, [1795] EngR 4125, (1795) 6 TR 320, (1795) 101 ER 573
Links:
Jurisdiction:
England and Wales
Contract, Employment
Updated: 09 July 2022; Ref: scu.248375