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United Kingdom

Foakes v Beer

(1884) 9 App Cas 605
JurisdictionUnited Kingdom
Year1884
Statusunclear

Key Principle

Payment of a lesser sum on the date the debt falls due cannot discharge the whole. A promise to accept partial performance is unenforceable absent fresh consideration — reaffirming the rule in Pinnel's Case against the backdrop of equitable estoppel's later rise in High Trees. Still formally good law in England; Williams v Roffey distinguishes the rule in the context of fresh practical benefit.

Area of Law

contract

Related Cases

Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560
Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525
Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

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