What is the test for a draft to be used in a personal injury action?
Saskatchewan, Canada
The following excerpt is from West v. Occidental Fire Ins. Co, 1926 CanLII 200 (SK QB):
The defendant relies on Hirachand Punamchand v. Temple, [1911] 2 K.B. 330. There the facts were that the defendant was indebted to the plaintiff on a note. The father of defendant wrote plaintiffs offering an amount less than the amount of the debt in full settlement, and sent a draft for such amount which plaintiffs cashed, retaining the proceeds. They afterwards brought an action against the defendant for the balance of the debt. It was held that the plaintiffs must be taken to have accepted the amount of the draft on the terms on which it was offered and that they could not maintain the action.
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