Foakes v Beer [1884]

Facts

  • Foakes owed Beer a £2000 debt following a court order
  • Foakes negotiated with Beer that he could pay £500 immediately then the rest in instalments
  • Once payment was complete, Beer bought an action for the interest owed

Issue

  • Could Foakes be liable for interest

Decision

  • Yes, claim allowed

Reasoning

  • As per Pinnel’s Case [1602], part payment of a debt is not satisfaction of the whole. As such, interest was owed as there had been only part payment
RELATED CASE  Timeload v BT [1995]

Posted in Contract Law Revision Notes.

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