| Term | Definition |
|---|
| part payment is not enforceable unless there is some new element | Pinnels case; foakes v beer |
| must be an amount in dispute | homeguard products v kiwi packaging |
| must be a genuine dispute | dalgety |
| banking of cheque alone does not satisfy accord and satisfaction | homeguard products v kiwi packaging |
| must say dont accept cheque in full and final payment | bft |
| time frame of 10 days would extinguish debt | haines |
| time frame of 12 days would not extinguish debt | hutt cc |
| accord and satisfaction | homeguard products v kiwi packaging; 1 a and s matter of fact, 2 banking of cheque creates the inferance of acceptance but not irrefutable, 3 the longer the creditor takes to reject payment the harder it is to refuse the accord and satisfaction, 4 facts are to be viewed objectivley |
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