Law 5110 Study Guide - Quiz Guide: Horizon Travel, Himalaya Clause, Firstclass
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Consideration at common law ii: more bad consideration, consideration and privity, form. It was held that accepting this kind of payment would not discharge the debt as there was not good consideration. However, if a substitute payment or something in addition to the part payment could be acceptable: you can offer a smaller amount of money together with something else (horse/hawk/robe) Foakes v. beer (pinnel"s case was raised: mrs beer had previously brought an action against dr foakes and had been awarded. Mrs beer promised that if dr foakes paid 500 immediately and the balance in instalments she would not take further proceedings against him. Mrs beer was entitled to the full sum and interest on the sum for each day it remained unpaid. Foakes more time, she effectively accepted a smaller sum in place of a larger sum. Beer failed to honour her promise and sued dr foakes for interest on the sums paid by instalments.
