wilbur
Member
Posts: 7 Joined: Oct 13, 07 Ref.#: 3626
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Edited by: Moderator
Oct 13, 07, 10:02pm ¦ #1
Recently, i get an assignment. but i don't know how to do it, so i ask for help. Jack owed Jill $2,000, and this was supposed to be repaid on 1st May. However, on 1st April, because she needed some money urgently, Jill told Jack that he needed to repay her only $1,500 and that she would forgo the balance. So Jack paid her $1,500 on 1st April. But 2 weeks later, Jill changed her mind about forgoing the balance sum of $500. She now wants Jack to pay her the $500 also. Can she insist that Jack pay her this $500 now?
I need your suggestion! thank you! (what is the priciple and how to state it)
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EF_Team
Moderator
Posts: 117 Joined: Mar 1, 06 Ref.#: 3627
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Based on their mutual agreement, his obligation was completed on April 1st. It was a verbal contract, and she can't change her mind after the deal was closed on April 1. She can't come back a few weeks later and claim she has changed her mind.
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wilbur
Member
Posts: 7 Joined: Oct 13, 07 Ref.#: 3628
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Quoting: EF_Team, Post #2 Quote but the deal was supposed to be ended in 1st may. do you think Jack give the considerition about the $500? and is the waiver of right or promisory estoppel? thank you!
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EF_Team
Moderator
Posts: 117 Joined: Mar 1, 06 Ref.#: 3629
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Edited by: EF_Team
Oct 13, 07, 11:06pm ¦ #4
Yes, but both parties changed and agreed to the new terms. Jack hasn't promised her he would give her back the $500. So it wasn't promissory estoppel; it was rather waiver of right - since Jill waived her rights to the $500 provided Jack repaid the loan sooner, which he did.
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wilbur
Member
Posts: 7 Joined: Oct 13, 07 Ref.#: 3630
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Quoting: EF_Team, Post #4 Yes, but both parties changed and agreed to the new terms. Jack hasn't promised her he would give her back the $500. So it wasn't promissory estoppel; it was rather waiver of right - since Jill waived her rights to the $500 provided Jack repaid the loan sooner, which he did. ok! I got it! thank you for your help! If i come across some problems , i will ask you later.
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wilbur
Member
Posts: 7 Joined: Oct 13, 07 Ref.#: 3634
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Attached on merging: HELP! can you tell me how can i do the assignment??
Last time , i asked you about a question in business law. It was about the waiver of right . now , i understand the question , but i don't know how to do this ..... can you tell me what the procedure to alnaysis a law case? It was about the waiver of right . and what the priciples i should use? thank you!!
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EF_Team2
Moderator
Posts: 2319 Joined: Mar 1, 06 Ref.#: 3635
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Greetings!
In analyzing any law case, you should remember these steps: IRAC
1) Issue: What is the legal issue involved in the given fact situation? In this case, the issue is, when two parties to a contract mutually agree to modify the contract, can one of the parties then attempt to hold the other party to the original contract, after it has been performed? Another way to put it might be: If a promisee (Jill) agrees to alter the original terms of the contract, is she then estopped from enforcing the original contract?
I'm going to revise what was said earlier about waiver vs. promissory estoppel. I think in this case, promissory estoppel may be the more appropriate issue, as it involves a situation where a modification was made to a contract without consideration (Jill agreed to take less money, and the only thing it cost Jack was that he had to pay it earlier). Waiver of right, on the other hand, is when a party who is in breach of contract asks the other party to waive certain rights, and that party agrees. Once that agreement is made, the one who gave up that right of enforcement can't go back and try to change it later.
2) Rule: If a promisor relies on a promisee's promise to modify the contract (Jill's promise to take less money), the promisee is estopped from enforcing the original promise.
3) Application: This is where you apply the law to the facts. I've essentially given you the application above, in parentheses. Jill agreed to take $1,500 instead of $2,000; she is estopped from trying to enforce the original contract for $2,000, because once that modification was agreed to, and Jack performed his part of the bargain, the contract was discharged; Jack had no further obligation.
4) Conclusion: Jill cannot enforce the original contract for the additional $500; Jack does not have to pay it.
I hope this helps!
Thanks,
Sarah, EssayForum.com
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wilbur
Member
Posts: 7 Joined: Oct 13, 07 Ref.#: 3637
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thank you for your suggestion! i think you gave me a very clear direction to do this assignment! i think i had trouble you so many times . thank you , Sarah!!!!!
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EF_Team2
Moderator
Posts: 2319 Joined: Mar 1, 06 Ref.#: 3638
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You're very welcome--glad I could help!
Sarah, EssayForum.com
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