accord and satisfaction

STUDY
PLAY
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
YOU MIGHT ALSO LIKE...