Explain: (i) Whether Zri can claim his outstanding fees from Bi (ii) Whether Zri can claim his outstanding fees from Cas
【参考答案及解析】
(i) In general, where a party pays less than the amount due, the person who is owed the money is entitled to claim full payment at a later date. However, this rule does not apply where consideration is provided to support this promise. (II) Zri agreed to accept accountancy work from Bi as a payment in kind, and payment in another form is valid consideration for a promise to waive part of a debt. Zri therefore may not recover any further sum from Bi. Zri accepted part-payment from Cas, the part-payment came from a third party, and payment from a third party is valid consideration to waive a debt. Zri therefore cannot enforce the remainder of the debt.
(i) In general, where a party pays less than the amount due, the person who is owed the money is entitled to claim full payment at a later date. However, this rule does not apply where consideration is provided to support this promise. (II) Zri agreed to accept accountancy work from Bi as a payment in kind, and payment in another form is valid consideration for a promise to waive part of a debt. Zri therefore may not recover any further sum from Bi. Zri accepted part-payment from Cas, the part-payment came from a third party, and payment from a third party is valid consideration to waive a debt. Zri therefore cannot enforce the remainder of the debt.