D&C Builders v Rees [1966]

Facts

  • D&C had done work for Mr Rees, for which he owed £482
  • Mrs Rees complained that the work was bad, and said she would pay £300 only or else they would get nothing
  • D&C reluctantly accepted £300 to help avoid bankruptcy

Issue

  • Could D&C claim the additional £182

Decision

  • Claim allowed

Reasoning

  • In Lord Denning’s opinion, a part payment can be satisfaction of a debt, however as the part payment was taken under duress, the £300 agreement was voidable
  • Rees was liable for the additional £182
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Posted in Contract Law Revision Notes.

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