ABSTRACT
Foakes v Beer (1884) concerned an action to recover interest on a judgment debt. Mrs Beer had obtained judgment against Dr Foakes. They made an arrangement under which Dr Foakes was to pay off the debt by instalments. When he had completed the instalments, Mrs Beer sued to recover interest on the debt. In holding that she was entitled to recover,1 the House of Lords confirmed a rule that had originally been stated in Pinnel’s Case (1602). This was that part payment of a debt on the due date can never be satisfaction for the full amount owed. If, however, the creditor agrees to early payment or payment by means of goods (even though worth less than the full amount), or even payment on the day at a different place, then the debt will be discharged. The reason for this is that payment in a different form will provide consideration for the promise to accept less than was owed.
