Question
1. Dan borrows $50 from Chuck, promising to repay it on February 1. On February 1, Dan informs Chuck that he cannot repay the loan
1. Dan borrows $50 from Chuck, promising to repay it on February 1. On
February 1, Dan informs Chuck that he cannot repay the loan as promised.
The best he could possibly do would be to pay $40 if Chuck would agree
to cancel the whole debt. Chuck agrees; accepts the $40 and sues for the
additional $10. Will he recover? Was the promise discharging the $50
debt supported by consideration?
2. Would it make any difference if Dan paid the $40 to Chuck on January
15th? or if the $40 payment was accompanied by an agreed upon
autographed picture of Elvis?
3. Paul Patient goes to the dentist for routine dental care. Following the
cleaning Paul receives a bill for $150. Paul contends that this is
unreasonable for the services performed and that the proper amount owing
is $75. Dan Dentist agrees to accept $100 in full satisfaction of the
obligation; Paul pays; Dan sues Paul for the $50. Will he recover? Was
there consideration to support Dan's promise to discharge the $150
obligation?
4. Would your answer be any different if instead of reaching an express
agreement, Paul sends Dan a check for $100 marked "Payment in full for
services rendered"; Dan cashes the check, crossing out the language and
substituting "accepted as partial payment for services rendered?" Under
such circumstances, can Dan recover the $50 difference?
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