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MWB Business Exchange Centres Ltd: The Practical Benefit Doctrine Marches On.

Authors :
Roberts, Marcus
Source :
Modern Law Review. Mar2017, Vol. 80 Issue 2, p339-351. 13p.
Publication Year :
2017

Abstract

In MWB Business Exchange Centres Ltd v Rock Advertising Ltd the Court of Appeal held that when an ongoing contract is varied so that one party's obligation to pay money is reduced, the variation is binding as long as the other party receives a practical benefit. In doing so, the Court of Appeal effectively confined the rule in Foakes v Beer to one-off payments. This raises serious questions about the continued survival of Foakes v Beer. On the other hand, the Court of Appeal ensured that Foakes v Beer would not be killed off via equity by moving away from the suggestion in Collier v P & M J Wright (Holdings) Ltd that an agreed part-payment of a debt by a debtor will always raise an estoppel preventing the creditor from demanding the remainder of the debt. [ABSTRACT FROM AUTHOR]

Subjects

Subjects :
*CONTRACT lawsuits
*PAYMENT

Details

Language :
English
ISSN :
00267961
Volume :
80
Issue :
2
Database :
Academic Search Index
Journal :
Modern Law Review
Publication Type :
Academic Journal
Accession number :
121575773
Full Text :
https://doi.org/10.1111/1468-2230.12257