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I don’t understand the decision of the following case.
The facts: The defendant had obtained judgement against the claimant. Judgement debts bear interest
from the date of the judgement. By a written agreement the defendant agreed to accept payment by
instalments, no mention being made of the interest. Once the claimant had paid the amount of the debt in
full, the defendant claimed interest, claiming that the agreement was not supported by consideration.
Decision: She was entitled to the debt with interest. No consideration had been given by the claimant for
waiver of any part of her rights against him.I’m not sure what it is that you don’t understand about this summary “She was entitled to the debt with interest. No consideration had been given by the claimant for waiver of any part of her rights against him”
This statutory right to interest was claimed by the lender and refused by the borrower. The borrower said there was no right to interest because the defendant lender had agreed to accept payment of the debt by instalments
Not so, said the court. Just because there was no mention of interest didn’t mean that the lender was waiving their right to interest
Better?
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