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IV. In January 2018, Ben and Giselle, two entrepreneurs, entered into a written contract pursuant to which Ben was to render IT services to Giselle
IV. In January 2018, Ben and Giselle, two entrepreneurs, entered into a written contract pursuant to which Ben was to render IT services to Giselle for a total price of $10,000 for the project. In June 2018, Ben emailed Giselle saying that his services were completed. A good faith dispute arose between Ben and Giselle over whether the services were performed according to contract specifications. Ben claimed that all the work was completed and the full amount was due, but Giselle argued that only $6,000 worth of services had been performed since Ben did not fully upgrade the cybersecurity protection, as required by contract. After several weeks of argument, Giselle sent a check for $7,000 to Brad on which Giselle wrote payment in full. (a) Ben endorsed the check without making any further notations on it, deposited it and sued Giselle for the remaining $3,000. Judgement for whom? Explain fully. (10 points) (b) Instead of the facts in (a) assume that Ben wrote under protest, deposited the check and sued Giselle. What result? Explain fully. (15 points)
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