A Selection of Leading Cases in the Common Law

A Selection of Leading Cases in the Common Law

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...for '-m not going to take it" (q). But Lord Tenterden, C.J., thought there was not a sufiicient tender where the production of the money was prevented by the creditor leaving the room after the debtor had ofl'ered to pay it, and whilst he was in the act of taking it from his pocket (r). A valid tender must be unconditional. "If you will give me a stamped receipt, 1 uiill pay you (he money," said a debtor once, and he pulled out the money as he spoke. But the tender was held bad for the condition (s). A tender made "under protest" is not a conditional tender (t). The tender need not be made to the creditor himself. It may be made to an agent authorised to receive payment of the debt (u). Conversely, the tender may be made by an agent of the debtor (I). And so tender to one of several joint creditors, or by one of several joint debtors, is good. The tender must be of the whole debt. But if the creditor's claim consists of a number of distinct items, the debtor may make a good tender of payment of any one of them, provided that he carefully specifies the particular item he wishes to dispose of (y). A tender may, of course, be made of a larger sum of money than the amount of the debt (z), but the debtor must not demand change (a). The tender must be in the current coin of the realm. Gold is good to any amount; but silver is not beyond 408., nor copper beyond a shilling (b). A Bank of England note payable to bearer is a legal tender for all sums above 5 (c). A tender in country notes or by cheque is good if the only reason given by the creditor at the time for not accepting it is that the amount of the debt is larger (d). It is scarcely necessary to say that the effect of a valid tender is...show more

Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236781732
  • 9781236781734