Foakes v Beer

JurisdictionEngland & Wales
Judgment Date16 May 1884
Judgment citation (vLex)[1884] UKHL J0516-2
CourtHouse of Lords
Date16 May 1884
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55 cases
  • Collier v P & M J Wright (Holdings) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 December 2007
    ...dictum was long-standing, held that consideration was necessary for the discharge of the debtor's liability ( Foakes v Beer (1883–4) LR 9 App Cas 605). That meant that a debtor who was obliged to pay £100 could not discharge it by paying £50 even if the effect of the parties' agreement was ......
  • Birmingham County Council v Forde
    • United Kingdom
    • Queen's Bench Division
    • 13 January 2009
    ...of having CFA 2 apply to such an appeal is arguably illusory. 85 The matter can be looked at from another angle. In Foakes v Beer [1884] 9 App Cas 605 the House of Lords held that a promise by a judgment debtor to pay part of the judgment debt immediately and the remainder by instalments in......
  • Test Claimants in the Franked Investment Income Group Litigation and Others v Revenue and Customs Commissioners; Test Claimants in the Franked Investment Income Group Litigation and Others v Revenue and Customs Commissioners
    • United Kingdom
    • Supreme Court
    • 20 November 2020
    ...Advertising Ltd [2019] AC 119, this court was asked to depart from the much-criticised decision of the House of Lords in Foakes v Beer (1884) 9 App Cas 605. The doctrine from which the court was asked to depart had only reluctantly been affirmed out of loyalty to the Court of Appeal in Pinn......
  • Bradford & Bingley Plc v Rashid
    • United Kingdom
    • House of Lords
    • 12 July 2006
    ...in purported discharge of a larger admitted indebtedness has the effect in law of discharging that indebtedness: cf Foakes v. Beer (1884) 9 App. Cas. 605; D & C Builders Ltd. v. Rees [1966] 2 QB 617 (authorities which we were not in any way asked to reconsider). But, even if Mr Rashid had ......
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10 books & journal articles
  • Dispute resolution
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...Full Settlement Cheque” (2011) 27 Journal of Contract Law 119. 233 Pinnel’s Case (1603) 5 Coke’s Rep 117a [77 ER 237]; Foakes v Beer (1884) 9 App Cas 605; Bradford & Bingley plc v Rashid [2006] 1 WLR 2066 at 2091 [83], per Lord Mance. See also Mitchell v Paciic Dawn Pty Ltd [2003] QSC 86, [......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...HL 180 Fitzpatrick v Sterling Housing Association Ltd [1998] Ch 304, [1998] 2 WLR 225, [1997] 4 All ER 991, CA 125–126 Foakes v Beer (1884) 9 App Cas 605, 54 LJQB 130, 33 WR 233, HL 172 Folkes v King [1923] 1 KB 282, 92 LJKB 125, 28 Com Cas 110, CA 182 Forbes v Smith [1998] 1 All ER 973, [1......
  • Contract formation
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...Camp 317 at 319–320, per Lord Ellenborough CJ [170 ER 1168 at 1169]; hornton v Jeynes (1840) 1 Man & G 166 [133 ER 201]; Foakes v Beer (1884) 9 App Cas 605; Vanbergen v St Edmunds Properties Ltd [1933] 2 KB 233 at 231, per Lord Hanworth MR; D&C Builders Ltd v Rees [1966] 2 QB 617; Wigan v E......
  • Analysing Judgments: Reasoning, Argument and Legal Logic
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...Sandell Perkins Ltd [1984] QB 735 per Hirst J at 738. 41 See e.g. Arthur J. Hall v Simons [2000] 3 WLR 543. 42 (1868) LR 3 HL 330. 43 (1884) 9 App Cas 605, itself a case where the House of Lords reaffirmed a rule which it did not like solely out of respect for precedent. care and it may hav......
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