Question
Paul goes to the dentist to have a cavity filled. He agrees to pay$250 for the service. The dentist completes the procedure but Paul has
Paul goes to the dentist to have a cavity filled. He agrees to pay$250 for the service. The dentist completes the procedure but Paul has problems the next day with the tooth and has to have a crown implanted. He is obviously disappointed with the work and does not want to pay the full outstanding sum of $250. He writes a check in the sum of $150.00 with the notation paid in full with the hope that the dentist will accept and deposit the check. If accepted by the dentist, what would this reduced payment arguably constitute?
a. A novation
b. A partial payment in which Paul still owes $100 as this is a liquidated debt.
c. Res Ipsa Loquitur
d. An accord and satisfaction
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