What is the test for cashing a cheque accompanied with a letter indicating that doing so would constitute acceptance of part payment?
Alberta, Canada
The following excerpt is from Total Energy Services Inc. (Chinook Drilling) v. Tamarack Valley Energy Ltd., 2011 ABQB 787 (CanLII):
Chinook relies on the decision of the British Columbia Supreme Court in IBI Group v. LeFevre & Co. Property Agents Ltd., 2004 BCSC 298, 33 C.L.R. (3d) 302, where the creditor was not found to have expressly accepted part payment by cashing a cheque accompanied by a letter describing that doing so would constitute acceptance of part payment in full satisfaction.
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