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    graceann26's Avatar
    graceann26 Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 19, 2011, 04:49 AM
    Payment or performance
    D (debtor) owes C (creditor) with G as guarantor. On the due date of the obligation, T, a third person, offered to pay the obligation of D.

    Can C legally refused to accept the payment?
    How about an offer of payment from G?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #2

    Aug 19, 2011, 05:07 AM
    Why would C want to refuse the payment ?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 19, 2011, 07:58 AM
    Is this some sort of a homework question?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 19, 2011, 10:32 AM
    First year contract law, love them.

    So to help your thinking, ( and remember you are doing this as homework it is more common law, than case law in real life, so what happens in real life is not always the same)

    1. Real life, C would never actually turn down payment

    To help you consider this, what is "T" part of the contract, does T have a standing in this. Would that payment if taken actually dismiss obligation of a contract if T is not a party??

    Does G have a standing in the contract ? If so what is their obligation ?

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