What is the test for whether a bill or note is given and taken in satisfaction as a conditional payment?
Saskatchewan, Canada
The following excerpt is from Roycroft v. Uglum and Stephanson, 1922 CanLII 175 (SK CA):
In Leake on Contracts, 6th ed., at p. 653, the learned author states: Whether a bill or note is given and taken in satisfaction or as conditional payment is a question of fact as to the intention shown by the parties; the presumption being that it is a conditional payment with a recourse to the original debt. Goldshede v. Cottrell (1836) 2 in & W 20 6 L.J. Ex. 26.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a tenant can claim damages for non-payment of rent? (Saskatchewan, Canada)
Can a conditional order (if the conditions are met) be acted upon and the landlord can not take possession of the premises? (Saskatchewan, Canada)
What is the test used to determine whether a term or condition of employment, including a compensatory benefit, is discriminatory? (Saskatchewan, Canada)
Can a mortgagee sue the mortgagor on the basis that the mortgaged property is not in a condition in which it was when the mortgage was signed? (Saskatchewan, Canada)
What is the effect of a conditional termination of an agreement? (Saskatchewan, Canada)
If a banknote is not presented for payment, can the maker of the note be held liable? (Saskatchewan, Canada)
Is a vendor required to make a good title in fee simple if he contracts to sell land without saving condition? (Saskatchewan, Canada)
What is the test for determining whether an employer is liable for injuries sustained by a plaintiff in a motor vehicle accident? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
What are the relevant factors used by a judge to determine whether or not a child has been removed from the custody of his mother? (Saskatchewan, Canada)
