what is the position of cheques sent as full and final settlement
Whenever you receive (or send) an inspection in payment that purports to stay in full and final settlement of debt owed or else you owe? (This information is mainly created for construction cases and staying away from construction adjudication and so on however the United kingdom law is applicable in other industries and conditions too.
Straight off, may be the money being disputed or otherwise, it is because the cash involved needs to be possess some material consideration since the offering of the more compact sum won't be considered settled entirely and final settlement. Allow me to try to explain that, it is because each side need to ‘give’ something and there might be no help to the receiving hanging out when they pay a more compact amount where there's no apparent difference concerning the money involved.
Therefore if the cash is disputed then your matter is obviously complicated and we have to search for some relevant details. In Andrew Bracken and Ann Trockett v Graham Billinghurst [2003] Judge Wilcox stated, the sale in the situation have been intended clearly as with full and final settlement, inducing the payment being sent. Also made obvious was that showing the cheque would add up to accepting the sale and imply agreement with same.
Mentioning to Stour Valley Contractors v Stuart (1974) the Judge opinion was "Just like any other bilateral contract, what matters isn't exactly what the creditor themself expects but what by his words and conduct he's brought another party like a reasonable person to thinkInch. Additionally he stated "Cashing the cheque is definitely strong proof of acceptance especially if it's not supported by immediate rejection from the offer".
To summarise, an inspection given and noted in covering letter or some such as with “full and final settlement” will most likely be binding if:
(i) the cash is disputed
(ii) the payment/offers are clearly expressed as supposed to have been in ‘full and final settlement’ during the time of delivering
(iii) the cheque is removed
(iv) the recipient hasn't indicated at that time the cheque cashed that it's not acceptable as settlement entirely.
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