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Dunrae Manufacturing Ltd v CL North & Co Ltd ==Background== CL North did some electrical work for Dunrae Manufacturing. Unfortunately, for reasons not explained in the judgement, the final bill exceeded the original estimate for the work subsequently done, resulting in Dunrae receiving 4 invoices from CL North totalling $14,049.93. Dunrae paid the first two invoices, and disputed the remaining balance. A few months later, Dunrae mailed CL North a cheque for $6,158.98, with an attached (brief and unsigned) note stating “Enclosed cheque is tendered in full and final payment of our account with you, accordingly our account is now clear”, for which CL North later banked. However, the Office Manager did not make any note of the attached letter, nor brought it to the attention of the management. The management stated in these proceedings that if this note had been brought to their attention, they would not have banked the cheque. CL North then proceeded to continue invoicing Dunrae for the balance, for which they pleaded that there was no balance owing due to accord and satisfaction, a legal issue that the creditor could simply deny as they claimed that they had not even received the letter in the first place. CL North then sued for the remaining balance of $2,591.45, and just before trial, the Office Manager then admitted they probably received the letter as claimed. Despite this setback, the creditor pursued its legal claim on the grounds that there was no legally binding agreement, and won judgement against the debtor in the District Court. The debtor appealed. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Dunrae Manufacturing Ltd v CL North & Co Ltd」の詳細全文を読む スポンサード リンク
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