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United Kingdom part payment of debtpre existing dutyaccord and satisfaction

Foakes v Beer

(1884) 9 App Cas 605
JurisdictionUnited Kingdom
CourtHouse of Lords
Year1884
StatusBinding authority

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

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