Write 10 pages thesis on the topic cutter vs powell. The general rule that prevails within contractual law is that the performance of the contract must in every way comply with the terms that are writ

Write 10 pages thesis on the topic cutter vs powell. The general rule that prevails within contractual law is that the performance of the contract must in every way comply with the terms that are written down in the agreement between the parties. The violation of any aspect of the contract could render the entire contract voided. For example, in the case of Re Moore and Landauer1, the mandate imposed by Section 13 of the Sale of Goods Act required that all delivered goods conform to their description in the contract. While the original contract specified 3000 tins of canned fruit with 30 tins packed in every case, the delivered consignment was found to contain some packs with only 24 cases, although the total number of tins delivered was still 3000. Despite the fact that no loss had resulted in the buyer, the Court of Appeals till held that the buyer had the right to reject the entire consignment because it did not conform to the description specified in the contract.

This performance of the entire contract rule was found to cause considerable hardship in the leading case of Cutter v Powell.2 The case concerned a seaman who was to be paid his wages after the voyage had ended. However, he died just a few days away from the port, before the entire voyage could be completed as spelled out in his contract with the shipping company. Despite the fact that wages were owing to him for the days that he had worked, his widow ended up receiving none of his wages, because the seaman had not performed his contractual obligations in their entirety and as a result, was not deemed eligible to receive any compensation as laid out in the contract.

The entire contract rule therefore framed on an all or nothing basis in so far as contractual obligations are concerned. It is derived from inflexible common law provisions that govern the contract, but which would appear unfair from the perspective of equity3. In the case of Cutter, for example, the issue that arises for consideration is the question of equity in the refusal to enforce specific performance of the contract through the payment of dues for the partial fulfillment of the obligations by the seaman.&nbsp.