9 relations: Affirmative defense, Consideration, Contract, D & C Builders Ltd v Rees, Debt, Foakes v Beer, Hirachand Punumchand v Temple, Jacob & Youngs, Inc. v. Kent, Pinnel's Case.
Affirmative defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
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Consideration
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed).
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Contract
A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.
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D & C Builders Ltd v Rees
D & C Builders Ltd v Rees is a leading English contract law case on the issue of part payment of debt, estoppel, duress and just accord and satisfaction.
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Debt
Debt is when something, usually money, is owed by one party, the borrower or debtor, to a second party, the lender or creditor.
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Foakes v Beer
Foakes v Beer is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts.
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Hirachand Punumchand v Temple
Hirachand Punumchand v Temple 2 KB 330 is often cited as one of the exceptions to the accord and satisfaction rules laid out in Foakes v Beer, involving a part payment of a debt made not by the debtor, but a 3rd party (originally established in Cook v Lister (1863) 13 CBNS 543).
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Jacob & Youngs, Inc. v. Kent
Jacob & Youngs, Inc.
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Pinnel's Case
Pinnel's Case 5 Co.
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Redirects here:
Accord & Satisfaction, Accord & satisfaction, Accord and Satisfaction.