Planché v. Colburn
Rule established
Where one party has partially performed a contract which is then wrongfully terminated by the other party, the performer may claim quantum meruit for the work done, abandoning the contractual rate and claiming reasonable value instead.
Facts
- Planché (plaintiff, an author) agreed to write a volume on costume and ancient armour for Colburn's (defendant, a publisher) "Juvenile Library" series
- The contract price was £100, payable on delivery of the completed manuscript
- Planché undertook extensive research and wrote a substantial portion of the work
- Before completion, Colburn discontinued the entire Juvenile Library series
- Colburn refused to pay anything, arguing the work was incomplete and the contract required full completion for payment
- Planché sued on a quantum meruit (as much as he deserved) for the work done
Issue
- Whether a party who has partially performed under a contract that is wrongfully terminated by the other party can recover reasonable compensation for the work done?
Held
- The court held for Planché; he was entitled to £50 as quantum meruit
- Where one party prevents the other from completing performance by wrongfully terminating the contract, the performing party can: (a) sue for breach of contract (damages for loss of the contract), OR (b) treat the contract as discharged and claim quantum meruit for work already done
- Planché elected to claim quantum meruit
- The publisher could not benefit from his own wrong by preventing completion and then refusing to pay for work received
Ratio Decidendi
When one party to a contract wrongfully prevents the other from completing performance, the innocent party is discharged from further obligation and may claim reasonable compensation (quantum meruit) for the work already performed. The innocent party is not bound by the contractual price for the entire work; they may elect to sue on a quantum meruit basis for the proportionate value of what was actually done. The wrongdoer cannot take advantage of his own breach.
How to use it in an exam
- Part A: Core authority for quantum meruit as remedy for partial performance after wrongful termination.
- Part B: Distinguish from: (a) voluntary partial performance (Sumpter v Hedges: no claim if partial performance is voluntary); (b) entire contracts (Cutter v Powell: no payment for partial performance unless wrongful prevention).
- Indian equivalent: Section 65 ICA (restitution of advantage received) + Section 73 for damages.
- Key distinction: Quantum meruit is the VALUE of work done (assessed objectively), not a proportion of the contract price.
Source
Source: (1831) 8 Bing 14; 131 ER 305
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.