Foakes v Beer [1884]

Foakes v Beer [1884] UKHL 1 is a leading contract law case decided by the House of Lords on the legal concept of consideration. The case established the rule preventing parties from discharging an obligation through partial performance, reinforcing the pre-existing duty rule established in Pinnel's Case [1602].

Dr John Weston Foakes owed Julia Beer a substantial sum of £2,090 19s following a court judgment. In an attempt to avoid further legal actions, Beer and Foakes reached an agreement. Beer agreed not to take legal action if Foakes signed an agreement to pay an initial sum of £500 and make subsequent payments of £150 twice a year until the entire amount was repaid. Foakes, facing financial difficulties, also sought to waive any interest on the amount owed. After Foakes paid back the principal but not the interest, Beer sued for the unpaid interest.

At the trial in the Queen's Bench, the court ruled in favour of Foakes, upholding the decision based on the agreement between the parties. Watkin Williams J found there was ample consideration for the agreement. On appeal to the Court of Appeal, Brett MR reversed the decision, asserting that there was no consideration for the agreement. Lindley LJ and Fry LJ concurred without providing detailed opinions.

The House of Lords, comprising Earl of Selborne LC, Lord Watson, and Lord FitzGerald, upheld the Court of Appeal's decision in favour of Beer. They reasoned that although the agreement did not explicitly include interest, it could be implied, making the agreement enforceable. However, the promise to pay a debt was considered insufficient consideration, as there was no additional benefit from Foakes to Beer beyond what was already owed.

It was held that payment of a lesser sum on the day, i.e. on or after the due date of a money debt cannot be any satisfaction of the whole. Nevertheless, Lord Blackburn, while not overtly dissenting, expressed reservations about the continued application of the Pinnel's case rule. He suggested that prompt payment of a part of a debt might often be more beneficial to creditors than insisting on full payment.

Foakes v Beer, essentially reiterating the pre-existing duty rule from Pinnel's case, gained attention for its strict application of the consideration doctrine. However, it was later treated with skepticism by Lord Denning in Central London Property Trust Ltd v High Trees House Ltd [1947], who argued that it was effectively overruled by the concept of promissory estoppel introduced in the 1877 case of Hughes v Metropolitan Railway Co [1877]. The case underscores the historical tension between the rigidity of consideration rules and the need for flexibility in certain circumstances.