Help with contract Law.

Hi i'm a first year law student who thought everything was going ok with my assignments....then i got my Critical legal skill assignment back and well lets say wasn't too pleased with the results!! Now looking at my contract law assignment i don't know where to start. the question goes.... “The general rule of common law is that creditor is not bound by an undertaking to accept part payment in full settlement of a debt” Help me please, i have started it but its completly wrong, i think any help would be much appreciated.

I think i should start by discussing consideration, privity and then promissory estoppel - but i just don't know how to relate it to the question, If anyone is interested in helping me woul they email me and i can attach what i have done so far - please i want to cry!!! I know it is a lot to ask but i would really appreciate it, email - [email protected]

Reply 1

Fireman John

The main case is the Doctor who owed the judgement debt to the woman - Foakes v Beer I think (without looking at my notes)... Seems like a fairly straightforward question... possibly TOO striaghtforward.

The place to start - particularly when the question expressly states "common law" - is to read the cases... You'll probably find the answer and manner to attakc it in those.