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Christina entered into a written and signed contract with Fallon in which Fallon agreed to provide cleaning services for Christina for a total cost of
- Christina entered into a written and signed contract with Fallon in which Fallon agreed to provide cleaning services for Christina for a total cost of $1000.
- After the services had been performed, Christina was satisfied with the services but found out that she did not have the $1000. She sent Fallon a check for $700 on which she wrote, in full payment for services. Fallon deposited the check without making any further notations on it and sued Christina for $300. What result? Explain.
- Instead of the facts in (a), assume that after the services were performed, Christina and Fallon had a good faith dispute about whether the services had been properly performed. Christina believed that only $700 worth of services had been performed, while Fallon argued that she was entitled to the full $1000. After several weeks of arguing back and forth, Christina sent Fallon a check for $800 on which she wrote, in full payment for services. Fallon deposited the check without making any further notations on it and sued Christina for $200.
- What result? Explain.
- When she received Christinas check, what could Fallon do to ensure that she would have the right to sue for the full amount she claims is due?
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