D & C Builders Ltd v Rees
E590299
D & C Builders Ltd v Rees is a leading English contract law case, best known for Lord Denning’s judgment on economic duress and the enforceability of part-payment settlements.
Statements (43)
| Predicate | Object |
|---|---|
| instanceOf |
Court of Appeal of England and Wales decision
ⓘ
English contract law case ⓘ |
| appliesPrecedent | Foakes v Beer NERFINISHED ⓘ |
| clarifies |
limits of promissory estoppel where there is unfair pressure
ⓘ
that estoppel is an equitable doctrine requiring clean hands ⓘ |
| concerns |
part payment of an undisputed debt
ⓘ
settlement obtained under pressure ⓘ |
| hasAreaOfLaw |
accord and satisfaction
ⓘ
contract law ⓘ economic duress ⓘ part payment of debt ⓘ |
| hasClaimant | D & C Builders Ltd NERFINISHED ⓘ |
| hasCourt | Court of Appeal of England and Wales NERFINISHED ⓘ |
| hasDefendant |
Mr Rees
NERFINISHED
ⓘ
Mrs Rees NERFINISHED ⓘ |
| hasJudge |
Danckwerts LJ
NERFINISHED
ⓘ
Lord Denning MR NERFINISHED ⓘ Winn LJ NERFINISHED ⓘ |
| hasKeyConcept |
consideration
ⓘ
economic duress ⓘ inequitable conduct ⓘ promissory estoppel ⓘ |
| hasLeadingJudgmentBy | Lord Denning MR NERFINISHED ⓘ |
| hasLegalSystem | common law ⓘ |
| holds |
a creditor is not bound by a part-payment settlement obtained by improper pressure
ⓘ
a promise to accept less than the full debt is not binding without consideration unless protected by equity ⓘ equity will not assist a debtor who uses unfair pressure to secure a reduction ⓘ |
| involvesParty |
D & C Builders Ltd
NERFINISHED
ⓘ
Mr Rees NERFINISHED ⓘ Mrs Rees NERFINISHED ⓘ |
| isFrequentlyCitedIn |
English contract law textbooks
ⓘ
cases on economic duress ⓘ cases on part payment of debt ⓘ |
| isLeadingCaseOn |
application of Foakes v Beer
ⓘ
economic duress in contract law ⓘ enforceability of part-payment settlements ⓘ |
| isReferencedAsAuthorityFor |
economic duress undermining apparent agreement
ⓘ
non-enforceability of part-payment settlements obtained by improper threats ⓘ |
| isTaughtIn | university contract law courses in the United Kingdom ⓘ |
| jurisdiction | England and Wales ⓘ |
| language | English ⓘ |
| supportsPrinciple |
a debtor cannot rely on estoppel when the creditor’s promise was obtained by intimidation or unfair pressure
ⓘ
equity may prevent a creditor from going back on a promise to accept less, if it is truly voluntary and not induced by duress ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.