The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
In conducting our research we have made assumptions that A owes money to B and focussed on when, in this scenario, A’s payment obligation to B is discharged and whether (i) B’s delay in cashing the cheque makes a difference and (ii) whether the timing of discharge of A’s obligation is different where A has tendered payment by way of electronic transfer of money, such as an internet instruction by A to his bank to pay the sum to B.
In most cases, A is freed from liability for non-performance of a contract if he makes an unconditional tender or offer of performance in accordance with the terms of his promise and B refuses to accept performance, provided that the tender is made under such circumstances that the other party has a reasonable opportunity of examining the performance tendered in order to ascertain that it conforms to the contract. However, a tender of money does not discharge a debt.
Where A promises to pay a specific sum of money to B, the debt is not discharged by a tender of payment. If B subsequently sues for the debt,
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