Brandon, a successful developer asked his friend Rees to lend him $ 100 000 for a development project that he was associated with. According to the agreement Brandon was to repay the money to Rees within 120 days at 15 per cent interest and in cash. On 20 April 2020, at the conclusion of the 120 day period Brandon called Rees and said that he would be unable to pay the $ 100 000 as the development hadnt sold as well as had been expected due to some sudden changes in the property market. Brandon also expressed to Reese his willingness to pay $ 90 000 by cheque in full settlement of the total debt. Rees remained silence for a couple of minutes but subsequently accepted. On 2 June 2020 Rees claimed the balance of $ 10 000, plus the interest. Brandon who was extremely upset argued that he should not have to pay any more because he had paid and he was protected by the law. According to Brandon, Rees was estopped from recovering the full amount. You have been asked to advise Brandon on this particular matter. Consider remedies and possible defences

Answer - This question must be answered using the ILAC methodology of legal problem solving. It deals with part payment of a debt and insufficiency of consideration. This topic was covered in Topic 5. Students must refer to Foakes v Beer (1883) LR 9 App Cas 605.