Question: 1. Dan borrows $50 from Chuck, promising to repay it on February 1. On February 1, Dan informs Chuck that he cannot repay the loan

1. Dan borrows $50 from Chuck, promising to repay it on February 1. On

February 1, Dan informs Chuck that he cannot repay the loan as promised.

The best he could possibly do would be to pay $40 if Chuck would agree

to cancel the whole debt. Chuck agrees; accepts the $40 and sues for the

additional $10. Will he recover? Was the promise discharging the $50

debt supported by consideration?

2. Would it make any difference if Dan paid the $40 to Chuck on January

15th? or if the $40 payment was accompanied by an agreed upon

autographed picture of Elvis?

3. Paul Patient goes to the dentist for routine dental care. Following the

cleaning Paul receives a bill for $150. Paul contends that this is

unreasonable for the services performed and that the proper amount owing

is $75. Dan Dentist agrees to accept $100 in full satisfaction of the

obligation; Paul pays; Dan sues Paul for the $50. Will he recover? Was

there consideration to support Dan's promise to discharge the $150

obligation?

4. Would your answer be any different if instead of reaching an express

agreement, Paul sends Dan a check for $100 marked "Payment in full for

services rendered"; Dan cashes the check, crossing out the language and

substituting "accepted as partial payment for services rendered?" Under

such circumstances, can Dan recover the $50 difference?

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