P did work for D. D paid some. D told that he would not pay more then 300 and that it is better then none/ P was having business trouble and said had no choice but to except it
Was the contract to accept less a binding contract?
When a creditor and a debtor enter a negotiation, which leads the debtor to suppose that, on payment of the lesser sum, the creditor will not enforce payment of the balance, and on the faith the debtor pays the lesser sum and the creditor accepts it a satisfaction: then the creditor will not be allowed to enforce payment of the remaining balance.
**This is only where there is true accord – creditor voluntarily agrees to accept the lesser sum
Payment of a lesser sum for a higher sum is not consideration from Foakes, but this case says Foakes is not good law
D held P in ransom - Creditor is allowed to enforce the full amount