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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.


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