題目

Explain:?

(i) Whether Zri can claim his outstanding fees from Bi?

(ii) Whether Zri can claim his outstanding fees from Cas

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考點(diǎn):Chapter4FormationofcontractII

(i) In general, where a party pays less than the amount due, the person who is owed the money is entitled to claim full payment at a later date. However, this rule does not apply where consideration is provided to support this promise.

(II) Zri agreed to accept accountancy work from Bi as a payment in kind, and payment in another form is valid consideration for a promise to waive part of a debt. Zri therefore may not recover any further sum from Bi.

Zri accepted part-payment from Cas, the part-payment came from a third party, and payment from a third party is valid consideration to waive a debt. Zri therefore cannot enforce the remainder of the debt.

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