LAWS 3003 Lecture Notes - Lecture 6: Extortion, Selborne
Document Summary
Week 6: the distinguishing mark of contractual obligation. Afterwards they refused to pay as he was only performing his legal duties, court ruled in their favor, for fear of future extortion. In addition, court found there was no real consideration: example: someone offers to pay a witness who was already subpoenaed if they turn up to the trial, they then refused to pay. Some cases have found that the reliance must be detrimental, however, there are cases where the reliance was not actually detrimental (high trees) As the result of a previous judgment of the court of exchequer, foakes owed beer 2,090 19s. By june of 1882, foakes has paid off the entire principal. Beer sought leave to proceed on the judgment, claiming she was entitled to interest because the debt was not paid off immediately. Foakes claimed there was a contract with no mention of interest which beer claimed was invalid because she did not receive any consideration.
