Foakes

Foakes is a surname of English origin. It is best known in legal contexts from the case Foakes v Beer, decided in 1884 and cited as [1884] 9 App Cas 605. The case concerned a debt owed by Beer to Foakes. Beer agreed to pay part of the debt in instalments and to refrain from further legal action. Foakes accepted these terms. The court held that the creditor's promise to forbear from suing or to accept instalments did not constitute valid consideration to discharge the entire debt; consequently, the debtor remained liable for the balance.

The ruling established the general principle that a promise to accept part payment of a debt or to refrain from suing is not good consideration for a promise to discharge the remaining debt, unless there is some additional consideration or a lawful exception. The decision has had a lasting impact on contract law and is frequently cited in discussions of consideration and accord and satisfaction. Later developments, including Williams v Roffey Bros & Nicholls (Contractors) Ltd, refined the concept by recognizing a practical benefit as sufficient consideration in some circumstances, but Foakes remains a core authority for the basic rule. The surname Foakes thus carries historical significance in legal scholarship and is primarily associated with this landmark case.