e-lawresources
Providing resources for studying law
 
Custom Search
   Home      Pinnel's Case
 
Pinnel's Case 1602 5 Rep, 117  Court of Common Pleas

The claimant was owed £8 10 shillings. The defendant paid £5 2 shillings and 2p. The claimant sued for the amount outstanding.

Held:

The claimant was entitled to the full amount even if they agreed to accept less. Part payment of a debt is not valid consideration for a promise to forebear the balance unless at the promisor's request part payment is made either:

a). before the due date or
b). with a chattel or
c). to a different destination
 
Back to lecture outline on consideration