Thursday, July 9, 2009

D&C Builders v Rees!?

Did D %26amp; C Builders v Rees set precedent that a promise to accept a part payment on a debt on the basis that it was extracted by duress cannot be accepted whether its the creditor or the debtor who expresses duress?


Please help with contract law! Thanks.

D%26amp;C Builders v Rees!?
I assume you are concerned with British Law, as this was a British case.





After wading through unfamiliar terminology while researching this, I found that this type of partial payment agreement can only be considered satisfactory where "the promisee's conduct is beyond reproach."





So I would say YES.


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