Question: Hello, so I have trouble answering this question. My question is especially regarding the promise to forgive the existing debt and whether it is enforceable

Hello, so I have trouble answering this question. My question is especially regarding the promise to forgive the existing debt and whether it is enforceable in this case or not. Generally speaking, the promise to forgive the existing debt is not enforceable unless these exceptions exist.

The exceptions:

1. Promise under seal (special mark on document)

2. Promise exchanged for new benefit (fresh consideration, for example, early payment)

3. Statute (incl. Ontario, but not all jurisdictions) Promise enforceable if part payment actually received (see footnote 20)

Christine Robinson owed a debt of $25 000 to Black Crow Music Inc (BCMI). Because she genuinely could not pay the full amount, Christine asked the company whether it would be willing to accept $15000 in the discharge of the obligation.

  • The company initially took pity on Christine after she demonstrated her seriousness by placing her request in a document under seal. It, therefore, agreed to her proposal, on the condition that she pay $15 000 within one week.

  • Three days later, however, BCMI had a change of heart and told Christine that it expected to receive the full sum of $25 000.

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  • Three days after that, Christine presented $15000 to BCMI. The company took the cash, but only after repeating its intention to collect on the entire debt.

  • Christine,however believes that she is debt-free and that BCMI no longer has any claim to the outstanding $10 000. Which party is correct? please explain your answer.

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