In Foakes v Beer (1884), the House of Lords ruled that part payment of a debt is insufficient consideration for a promise to forgo the remainder, reinforcing the principle of the pre-existing duty rule in contract law.
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🏛️ Court: House of Lords 🗓️ Judgment Date: 16 May 1884 🗂️ Where Reported: (1884) 9 App. Cas. 605; [1884] 5 WLUK 30 📍 Jurisdiction: United Kingdom
⚖️ Legal Principles
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Pre-existing Duty: The case reinforced the principle that performing an existing contractual duty is not a valid consideration for a new promise. Payment of a lesser sum cannot satisfy a greater debt without additional consideration.