SQE Daily.

Part payment of a debt (Foakes v Beer)

Gareth, a self-employed joiner, invoiced Ruth £8,000 for fitted wardrobes. The work is not disputed and payment was due on 1 June. Ruth, who could have paid in full, knew that Gareth urgently needed cash to pay his own suppliers. On 1 June she told him: "I will pay you £5,000 if you accept it in full settlement. If you don't, you'll get nothing." Gareth reluctantly signed a note, not executed as a deed, accepting £5,000 "in full and final settlement", and Ruth paid £5,000 by bank transfer that day. Two weeks later Gareth's solicitor wrote demanding the £3,000 balance.

Which of the following best describes whether Gareth can recover the £3,000?

Choose one answer to see the reasoning.

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