James Cook Hotel Ltd v Canx Corporation Services Ltd - [1989] 3 NZLR 213

Contract — Defences — Accord and satisfaction — Defendant tendered cheque for part of undisputed debt in full settlement and advised that banking of cheque would be deemed acceptance of condition — Plaintiff advised that it did not accept condition and subsequently banked cheque — Whether banking of cheque amounted to accord and satisfaction — Whether s 21 of Bills of Exchange Act created a special and statutory exception to rule that a creditor who accepts a lesser sum tendered in settlement of an undisputed liquidated claim is not bound by the settlement — Bills of Exchange Act 1908, s 21.

Commercial law — Bills of exchange — Whether s 21 of Bills of Exchange Act created a special and statutory exception to rule that a creditor who accepts a lesser sum tendered in settlement of an undisputed liquidated claim is not bound by the settlement — Bills of Exchange Act 1908, s 21.