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Foakes v. Beer.docx

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Western University
Philosophy 2080
James Hildebrand

Philosophy of law                         TORT LAW CASE  SUMMARY Case: Foakes (Defendent) v. Beer (Plaintiff) Topic: Consideration Name of judges: Earl of Selbourne L. C., Lord Blackburn Summary: DR. Folks owed money to the plaintiff because of a Judgement. The parties agreed that Dr. Foakes would pay 500 at once and pay the balance in instalments over 5 years. Mr’s Beer promised not to claim interest. Once he pays her all of it, she turns around and then sued for the interest due. - All judgements bears interest - Said that he could pay her but only pay her in instalments - Over a few years he would pay her in return for a promise not to sue for the interest - Consideration: the benefit would be that she gets her money o Problem: it can’t be consideration because the law already says that he owes her that specific amount of money Courts - Were very impressed by the appellants counsel, BUT, they lost – they are sticking with the rule in Pinels case - 1602 - Rule in Pinels Case: payment of a lesser sum cannot be satisfaction of the whole - Exception: all a person’s creditors agree to accept a particular sum Lord Blackburn - Thinks that men of all business do every day recognise and act on the ground that prompt payment of a part of their demand may be more beneficial to them than it would be to insist on their rights and enforce payment of the whole. Even where the debtor is perfectly solvent and sure to pay
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