Philosophy 2080 Study Guide - Parol Evidence Rule
11 Apr 2014
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Dr. folks owed money to the plaintiff because of a judgement. The parties agreed that dr. foakes would pay 500 at once and pay the balance in instalments over 5 years. Once he pays her all of it, she turns around and then sued for the interest due. Said that he could pay her but only pay her in instalments. Over a few years he would pay her in return for a promise not to sue for the interest. Consideration: the benefit would be that she gets her money: problem: it can"t be consideration because the law already says that he owes her that specific amount of money. Were very impressed by the appellants counsel, but, they lost they are sticking with the rule in pinels case. 1602 - rule in pinels case: payment of a lesser sum cannot be satisfaction of the whole. Exception: all a person"s creditors agree to accept a particular sum.
