Presentation on theme: "Law of Contract Consideration Part Payment of Debt"— Presentation transcript:
1Law of Contract Consideration Part Payment of Debt
2Part Payment of Debt Pinnel’s Case (1602) A promise to accept a part paymentof a debt, in discharge of the entiredebt is not valid consideration
3Part Payment of Debt example : If A owes B a debt of £200, and B agrees to accept £100 in full satisfaction of the debt, B is not bound by his promise.He may subsequently sue for the full amount of his debt.
4Part Payment of Debt Pinnel’s Case Facts : Cole owed Pinnel £8.50 which was due in 11th Nov. At Pinnel request, Cole paid £5.11 on 01st October, which Pinnel accepted in full settlement of the debt. Pinnel Sued Cole for the amount owed.Held : obiter, part payment in itself is not consideration.
5Part Payment of Debt Pinnel’s case : Principle “ part payment of a lesser sum, on the day (that it is due) cannot be any satisfaction for the whole because it appears to the judges that by no possibility a lesser sum can be satisfaction to the claimant for a greater sum..”
6Part Payment of Debt Exception to the general rule : 1) If the creditor accepts part-payment on an earlier date than the due date.2) If the creditor accepts chattel instead of money.3) If the creditor accepts part payment in a different place, at the creditor’s request, to that originally specified.
7Part Payment of Debt Pinnel’s case was followed in Foakes v Beer (1884)Held : Dr. Foakes had not provided any consideration…he had not done or promised to do anything that he was not already obliged to do.Rule followed in following cases :Re Selectmove (1995)Ferguson v Davies (1996)
8Part Payment of DebtTwo exceptional situations where a creditor cannot go back on his promise even though consideration is absent.1) Part payment of a debt by a third party.2) Composition agreements with creditors
9Part Payment of Debt Part Payment of a Debt by a third party Welby v Drake (1825)Cook v Lister (1863)Part payment by a third party, if accepted by the creditor in full settlement of the debtor’s liability is a good defence, to a later action by the creditor.
10Part Payment of Debt Welby v Drake (1825) Facts : The defendant owed the claimant £18. The claimant accepted £9 from the defendant’s father in full satisfaction.The claimant then sued the defendant.Held : The claimant failed because by suing his son he was committing a fraud on the father.See also : Hirachand Punamchand v Temple (1911)
11Part Payment of Debt Composition agreements (with creditors) Good v Cheesman (1831)Wood v Roberts (1818)Held : A debtor who cannot pay his creditors in full, may agree with his creditors, to pay each of them “dividend” and thus lesser sums.If they agreed they then cannot sue the debtor, as it would be a fraud on the other creditors.
12Promissory estoppelCentral London Property Trust Ltd v High Trees House Ltd (1947)Held : Lord Denning’s by his ratio, held that the claimants were entitled to sue as the rent reduction was only meant to apply for the period of war.Obiter, he mentioned that the claimants would have been estopped in equity if they had made the claim during the war.
13Part Payment of Debt “ a rule where a person is prevented What is Estoppel ?“ a rule where a person is preventedfrom denying the existence of facts,which he himself has previouslyasserted”.What is promissory estoppel ?“ The promissor will be estopped from denying the existence of such promises and will not be allowed to act inconsistently from any such assetions he may have made, as to his future conduct.
14Part Payment of Debt High Trees Principle : Promissory EstoppelHigh Trees Principle :“ a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding, notwithstanding the absence of consideration”
15Part Payment of DebtRequirements that must be met before doctrine of promissory estoppel may be applied.1) There must be clear and unambiguous statement by the promisor that his strict legal rights will not be enforced.2) The promisse must have acted in reliance on the promise.3) It must be inequitable for the promisor to back on his promise.
16Statement that legal rights will not be enforced 1) There must be clear and unambiguous statement by the promisor that his strict legal rights will not be enforced.The Scaptrade (1983)Hughes v Metropolitan Railway (1877)Statement can be implied or by conduct.
17Promisee must have acted on reliance 1) Promisee must have acted on reliance on the promise.The promisee must have changed his position to his etriment,.meaning put in worse position if promise is revoked, or altered his position in some way.Ajayi v Brisco (1964)The postchaser (1982)
18Inequitable for promisor to go back on promise The promisor can resile from his promise or rather withdraw from his promise, if it is equitable.
19Part Payment of Debt is a “ Shield and not a sword” Doctrine of Promissory Estoppel,is a “ Shield and not a sword”Does not allow a new cause of action,where no cause of action existed.Combe v Combe (1951)Held : C/A , held that wife gave no consideration for the husband’s promise, therefore she could not succeed.High tree’s principle was not applied.
20Promissory estoppelDoes doctrine suspend or extinguish the rights of the promissor?Tool Metal Manufacturing v Tungsten Electric Co Ltd (1955)D & C Builders v Rees (1965)Held : Creditors may resume strict rights on giving notice that they wish to be paid the full amount and then allowing a reasonable time for the debtor to comply. …so principle does not extinguish obligations.