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Hi there
I come across this question recently to which I cannot find an answer:
X and Y both have a liability to Z.
X has a liability of £400 and Y a liability of £1,000. X offers to pay £300 as a final settlment and the father of Y offers to pay £800 as final settlement. Z agrees to the final settlement. Has Z got a right for future settlements from either party?Many thanks Sonja
‘Z agrees to the final settlement’
Sonja, should this be ‘settlements’ in the plural?
Re X, if the debt to Z by X is not in dispute, then payment of a smaller sum does not get good discharge so, in the case of X, Z does have the right to seek further payment of £100
Payment of a debt by a third party, though, does get good discharge (as also does payment before the due date, payment of something different in kind, payment at a place other than the place originally agreed and now asked for by the creditor …..)
So, in the case of Y, Z should not be able to pursue a claim for the remaining £200
Does that agree with the answer? Incidentally, it makes it easier for me if you would also give me the book’s answer that you don’t understand. In that way I can then try to explain the answer. And, just occasionally, I find that I’m disagreeing with the book’s answer – but that is a rare occurrence
OK?
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