Andre owes Brendan $180. Brendan is offered $100 by Andre as full and final settlement. Brendan accepts this offer. Which one of the following is most correct?

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BlackTom AI · Accepted Answer

The situation presents a classic settlement scenario: Andre owes Brendan $180, and Andre offers $100 as a full and final settlement. We must evaluate what happens when a debtor settles for less than the claimed amount.
Option a argues that Andre does not have to return the additional $80 without Brendan providing additional consideration. This is mixing up the idea of consideration with the effect of a settlement. In many jurisdictions, once a valid accord and satisfaction occurs, the creditor’s claim is settled, and no further consideration is needed to release the debtor from the remaining amount. However, this statement tries to rely on a separate condition (extra consideration) to permit recovery, which is not the typical effect of a settled claim.
Option b claims Brendan is absolutely precluded from suing for the additional $80 if he accepts $100. While it captures the general consequence of an accord and satisfaction (the claim is discharged), the word “absolutely” can be seen as too strong, because there are limited exceptions or potential defenses in some circumstances (fraud, duress, misrepresentation). The statement may be technically close in ordinary contract settlements, but the phrasing can be contested for its absolute nature.
Option c states that Brendan has a legal right to the additional $80, despite the promise to accept a lower amount. This view treats the settlement as non-binding or not extinguishing the entire claim, implying that the original debt remains payable in full regardless of the acceptance of a reduced sum. This perspective aligns with the interpretation that a promise to accept a lesser amount does not automatically create a binding obligation to release the remaining portion, leaving open the possibility (in some theories) of pursuing the remainder or considering a different legal framework.
Option d brings in Balfour v Balfour as a comparison. That case is about domestic arrangements and consideration in a contract between spouses and is not appropriately analogous to a commercial debt settlement. Relying on that case would misapply its principle to a debt settlement scenario, making this option inaccurate.
In summary, option c is presenting the view that the full amount could still be pursued despite accepting a reduced settlement, which is the angle the question intends to emphasize when comparing the options. The other choices either rely on an incorrect emphasis on additional consideration, overstate the absoluteness of a settlement’s release, or misapply a distant precedent to a debt-settlement context.

MCD2070 - T2 - 2025 Intention and Consideration Quiz

Andre owes Brendan $180. Brendan is offered $100 by Andre as full and final settlement. Brendan accepts this offer. Which one of the following is most correct?

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