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Foakes v Beer
''Foakes v Beer'' () (UKHL 1 ) is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts. It is a leading case from the House of Lords on the legal concept of consideration. It established the rule that prevents parties from discharging an obligation by part performance, affirming ''Pinnel's Case'' (1602) 5 Co Rep 117a. In that case it was said that "payment of a lesser sum on the day (on or after the due date of a money debt ) cannot be any satisfaction of the whole."
==Facts==
The appellant, Dr John Weston Foakes, owed the respondent, Julia Beer, a sum of £2,090 19s after a court judgment. Beer agreed that she would not take any action against Foakes for the amount owed if he would sign an agreement promising to pay an initial sum of £500 (£52,615.38 in 2012 adjusted for inflation) and pay £150 twice yearly until the whole amount was paid back. Foakes was in financial difficulty and, with the help of his solicitor, drew up an agreement for Beer to waive any interest on the amount owed. She signed. Foakes paid back the principal but not the interest. Then Beer sued Foakes for the interest. The question was whether she was entitled to it, despite their agreement that he would not need to pay it.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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