Foakes V Beer, Facts , Issue and Decision

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This case is concerned with part payment of a debt in the consideration and form chapter of contract law

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Facts of Foakes v Beer

As the defendant owed 2000 pounds to the claimant, he agreed to pay 500 pounds immediately and the rest he will pay in instalments. The claimant agreed to it and said that she would not enforce the payments of him, if he kept on paying the instalments.

As in the start of the contract there was no mention of the payment of interest. As the defendant made all the payments, but in the judgement debt the claimant had to receive interest under the statute.


Whether the defendant provided good consideration against the promise of the claimant that she would not enforce payments ?


The House of Lords(HOL) held that the defendant hadn’t provided any consideration he was only doing was he was obliged to do.

As he didn’t provided any practical benefit to the claimant. And it was held that the claimants promise was not supported by consideration.


What is the Rule in Foakes v Beer?

The Rule which this case upholds is that the part payment of the debt is not the part payment of the whole

should foakes v beer be overruled

In my opinion this case should not be over-ruled as it provides the six exceptions to the Part payment of debt rule of consideration, which has been used in many cases.

Is Foakes v Beer still good law?

Yes Foakes v Beer is still good law because the exceptions laid down in it have been used further in cases like MVB v Rock and Re Selectmove

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