Q.8 Part B relates to the waiver of existing contractual rights and in particular the part payment by a third party. My question is that why a part payment by a third party is acceptable? Does it not give rise to people using third parties to pay only partial amounts of their debts? For example party A owes party G $1000, but party A uses party X as a third party and pays party G only $800 and the poor party G cannot even sue them?? Doesnt make much sense!!
I believe that there is the underlying proviso that G has to agree to the part payment. The fundamental rule is that part payment by A does not get full discharge but if X agrees to pay part and G agrees to this, then the debt is fully paid