Business Law

In January 2022, Ben and Jennifer, two entrepreneurs, entered into a written contract pursuant to which Ben was to render IT services to Jennifer for a total price of $12,000. In June 2020, Ben emailed Jennifer saying that his services were completed.

A good faith dispute arose between Ben and Jennifer over whether the services were performed according to contract specifications. Ben claimed that the full amount was due, but Jennifer argued that only $6,000 worth of services had been performed since Ben did not fully upgrade the server, as required by contract. After several weeks of argument, Jennifer sent a check for $8,500 to Ben on which Jennifer wrote payment in full.

(a) Ben endorsed the check without making any further notations on it, deposited it and sued Jennifer for the remaining $1,000. Judgment for whom? Explain fully.

(b) Instead of the facts in (a) assume that Ben wrote under protest, deposited the check and sued Jennifer. What result? Explain fully.