D&C Builders v Rees

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January 14, 2017 at 11:23 am #366446
Anonymous
Inactive
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Hi, Great Lectures, so helpful. Just have one quick question in the D&C Builders v Rees case. As settlement was due in 30 days and she paid a reduced sum immediately could she have claimed settlement before the due date and achieved full discharge?
January 14, 2017 at 1:31 pm #366472
MikeLittle
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Yes … except that she used duress and said (effectively) “If I pay you early (because you are broke) I’m not paying the full amount” so there is an unconscionable use of economic duress involved in her settlement

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