(c) Consideration and abuse of rights
Pages 2

This was an action in debt by a firm of builders in respect of money owed for work done. The debtor argued that the plaintiffs had accepted a lesser figure in full and final settlement of the debt. The creditor argued that this lesser sum had been accepted only after the debtor had threatened to pay them nothing at a time when the firm was on the verge of bankruptcy. The Court of Appeal gave judgment in favour of the builders.