Foakes v Beer
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Foakes v Beer [1884] UKHL 1 is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts.[1] It is a leading case from the House of Lords on the legal concept of consideration. It established the rule that prevents parties from discharging an obligation by part performance, affirming Pinnel's Case (1602) 5 Co Rep 117a. In that case it was said that "payment of a lesser sum on the day [i.e., on or after the due date of a money debt] cannot be any satisfaction of the whole."
Quick Facts Foakes v Beer, Court ...
Foakes v Beer | |
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Court | House of Lords |
Full case name | John Weston Foakes v Julia Beer |
Decided | 31 March, 1 April 1884 |
Citation(s) | [1884] UKHL 1, [1881-85] All ER Rep 106, (1884) 9 App Cas 605; 54 LJQB 130; 51 LT 833; 33 WR 233 |
Court membership | |
Judge(s) sitting | Earl of Selborne LC, Lord Blackburn, Lord Watson and Lord FitzGerald |
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