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. In-house law team. Beer sought leave toproceed on the judgment, claiming she was entitled to interest because thedebt was not paid off immediately. The pair then entered an agreement whereby ‘in consideration’ of an initial payment of £500 and ‘on condition’ of six-monthly payments of £250 until the whole amount was repaid, she would not enforce her judgment against him. Registered Data Controller No: Z1821391. EARL OF SELBORNE L.C. The respondent’s case was that the promise not to enforce the judgement was not supported by good consideration because the appellant had only done what he was already contractually bound to do. Consideration, Promises to accept less Foakes v Beer. The rule of Foakes v. Beer has proven quite unpopular; it has been riddled with exceptions invented by common law courts, [242] and a considerable number of states have abolished the rule by statute, e.g., Cal. Facts:. Dr Foakes offered to pay £500 immediately and the rest by instalments, Mrs Beer agreed to this and agreed she would not seek enforcement of the payment provided he kept up the instalments. Beer prevailed in a suit against Foakes for the full amount, and Foakes requested that he be permitted to pay in installments. Because of this- the court is sometimes willing to work around the rule. This interest totalled £302 19s 6d. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! On 11 August 1875, Julia Beer obtained judgment in the Court of Exchequer against John Foakes in the amount of £2,090 and 19 schillings for debt and costs in an action she had brought against him. "This rule, being highly technical in its character, seemingly unjust, and often oppressive in its operation, has been gradually falling into disfavor." Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. B was entitled to interest on the sum until it was paid off. Seymour V. Goodrich (1885) 8o Va. 303, 304. By Country 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. Julia Beer such as intention to create legal relations and promissory estoppel be equally effective. Foakes v. Beer (1884, H. L.) 9 A. C. 6o5, 622, per Lord Blackburn. Earl of Selborne, Lords Blackburn, Watson and Fitzgerald 1 (hereafter "Roffey").In Roffey the defendant building contractor contracted to refurbish 27 flats and sub-contracted the carpentry to Williams. 630-636. Reference this When the appellant was unable to repay the loan, the respondent secured a favourable judgement to recover the amount loaned. Foakes v Beer Case.docx - Foakes v Beer Case (1883 Whether part payment of a debt is consideration Facts The respondent Beer loaned the appellant Dr Foakes v Beer Case.docx - Foakes v Beer Case (1883 Whether... School Tunku Abdul Rahman University College, Kuala … The harshness of Foakes v Beer rule: Men of business everyday recognize that buyers can act on the ground that prompt payment of part of the demand may be more beneficial than to enforce the original deal. Page 3 of 5 - About 46 essays. They reached an agreement whereby the debtor would immediately pay part of the debt, and the remainder in instalments. HOUSE OF LORDS. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. Citations: (1884) 9 App Cas 605. Foakes v Beer [1884] UKHL 1. The common law rule confirmed in in Foakes v Beer (1883) is that the part-payment of a debt will not amount to sufficient consideration. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 3, pp. Area of law The two parties entered into an agreement on December 21, 1876 (not Case Brief Wiki is a FANDOM Lifestyle Community. JOHN WESTON FOAKES, APPELLANT. However, he had not paid any interest on the judgement debt, which Beer was entitled to under statute. When he was unable to … The House took time for consideration. Civil Code §1524 (writing required) and Mich. Compo Laws §566.1 (substantially identical with the New York statute discussed below). Foakes v Beer Do you have a 2:1 degree or higher? Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 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