Foakes v. Beer
House of Lords
(1884) 9 App. Cas. 605
Julia Beer (plaintiff) secured a judgment against John Foakes (defendant) for £2,090 plus interest. Foakes was unable to pay immediately and asked Beer if he could pay over time. Foakes and Beer entered an agreement whereby Foakes agreed to pay £500 up front, and Beer agreed not to pursue judicial enforcement of the judgment on the condition that Foakes make payments of £150 every six months until the £2,090 was paid in full. The agreement did not expressly refer to the interest owed on the judgment. Foakes made payments every six months until he completed payment under the agreement’s terms. But Beer then filed suit against him to recover interest. Foakes argued that the parties’ agreement was an enforceable contract that prevented Beer from judicially enforcing the interest on the judgment. In response, Beer argued that the agreement was not an enforceable contract because it was not supported by sufficient consideration. The trial court held in favor of Foakes, but the Court of Appeal reversed, holding that the agreement wasn’t an enforceable contract because it lacked consideration. Foakes appealed to the House of Lords.
Rule of Law
Holding and Reasoning (Selborne, L.C.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.