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Hello-
Can someone please explain the logic as to why, when discharging partial payments, that a one-on-one agreement to accept half payment is still recoverable, but when a third-party agrees to a partial payment, the debt is not recoverable (Welby v Drake)?This question is number 8.3 in the BPP revision kit.
Kind regards,
MichaelIf you enter ‘Welby v Drake’ into Google, and click on the post from the Cambridge Law Journal (CLJ) you’ll find a discussion about the difficulties faced by the Courts in their efforts to agree on a way of achieving any degree of consistency in the application of decisions in the fraught area of part-payments
Given that this area is the subject of a discussion by CLJ, I believe that it would be presumptuous of me to reduce the issue down to a level where I could be totally satisfied
Check out the CLJ post and, if you feel the need, post again
OK?
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