QUESTION 2 (PROBLEMATIC/STRUCTURED QUESTION) (15 MARKS)

In April 2021, Michelle bought a car from Jackie for RM 40,000.00. Both of the parties agreed to be paid in 2 instalments of RM 25,000.00 and the balance is RM 15,000.00. Due to Movement Control Order (MCO), Michelle failed to pay the 2nd instalment because she had lost her job in June 2021 and had used her savings for her continuance of living.

Jackie sympathizes with Michelle and understands her situation. Therefore, he told Michelle that she only needed to pay RM 7,500.00 and he would waive the rest of the payment. Due to that, Michelle successfully paid RM 7,500.00 to him. She also sent him a cup of ZUS Coffee as his kindness and consideration.

One day, Michelle received the news that she got a new job and will start immediately. When Jackie knew about this, he wished to claim the rest of the money which Michelle originally agreed to pay.

Advise Jackie whether the part payment that he received from Michelle had discharged Michelle's obligation to him according to Contract Act 1950? (15 marks)

Issue
Law
Application
Conclusion