Question: Can someone answer this question using IRAC method. The application and conclusion is not complete yet if someone can answer it please. Relevant case for
Can someone answer this question using IRAC method. The application and conclusion is not complete yet if someone can answer it please. Relevant case for this scenario is Foakes Vs Beer 1884 and Pinnels case 1602. If you can explain in the application how the cases relate to the scenario pls.
Question 1
Cedrela's house was badly damaged by cyclone Anne in April 2020.She has engaged Matau, a builder to repair the damage. Matau tells Cedrela that the work would cost $10,000 and would be finished by 01 July 2020.Cedrela accepted Matua's terms as she planned to put the house on sale sometime in August .
Matau started work on the house in May but due to unfavorable weather the repair works was delayed. Matau approached Cedrela to increase price to $13,000 due to overtime cost that is needed if Matau is to complete the repair works by the due date. Cedrela hesitated but then agreed to Matau's additional request.
Matau completed the repair by 01 June and sent a bill of $13000 however Cedrela informed Matau that she could only pay $10000 due to financial difficulty. Matau fearing that he would receive no payment quickly accepted the money in full settlement.
Matau has now discovered that Cedrela has made a substantial profit on the sale of her house and is about to depart on a round-the-world holiday.
Advise Matau on whether he can recover the balance of $3000
The issue for this case is - Is partial payment of an existing debt a good consideration?
Rule - Consideration
Applicatio - Conclusion
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