Contract Law - Seminar 20 Discharged by performance/ Discharge by breach Cutter v Powell [1795] 6 Term Reports 320 · Mr Cutter, a sailor, was hired for a voyage and given a promissory note from his employment that 10 days after the ship arrives at Liverpool, he will pay Mr Cutter a certain sum, 'provided he proceeds, continues and does his duty as second made in ship from hence to the port of Liverpool . Mr Cutter begain sailing the ship as second mate for about 6 weeks but died before it arrived in Liverpool . Mr Cutter's wife brought an action for a proportionate part of his due wages for the substantial amount of the voyage on which he acted as second mate . Issue was whether the sailor was entitled to payment for his substantial performance of the contract as an implied term within the contract . Held where parties conclude an express contract, no terms can be implied into the contract . On the facts, the contract between the parties expressly provided that the payment was conditional upon the completion of the voyage and only payable after the ship's arrival . Under the express terms of the contract, the sailor was entitled to receive the payment if the whole duty of the contract was performed, and not entitled to any payment if the contract was only partially performed . Court held, even though the sailor was not to blame for failure to perform the contract, the express terms of the contract renders payment conditional on the full performance of the contract, no payment was due for partial performance Taylor v Laird [1856] 1 H & N 266 · C was employed as the captain of a ship which was owned by D . Whilst in a foreign port during the course of the voyage, he voluntarily gave up his position as captain, and worked as an ordinary crew member during his passage back to Britain · D wasn't made aware of the change in position . Upon his return, he sought to claim wages from the defendant for his work as a crew member during his journey . Issue was whether the defendant had accepted the claimants offer of work despite being unaware of it, and by extension whether the defendant was contractually bound to pay the claimant's wages for his work on the ship during the return journey . Held C was not entitled to wages for the return journey on the basis that he had not entered into any contractual agreement with D for the performance of his work as an ordinary crew member . D hadn't received any communication or offer of work in this capacity from the claimant, and therefore was no basis for a contract . Reasoned that it would be unjust to hold a party bound by an offer which he had not been made aware of, and therefore had no opportunity to accept or reject; as such it is not