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  2. D & C Builders Ltd v Rees - Wikipedia

    en.wikipedia.org/wiki/D_&_C_Builders_Ltd_v_Rees

    Although in his opinion part payment of debt could satisfy a whole debt, he found that Mrs Rees had effectively held the builders to ransom. Therefore, any variation of the original agreement was voidable at the instance of the debtors for duress. In point of law payment of a lesser sum, whether by cash or by cheque, is no discharge of a ...

  3. Devaynes v Noble - Wikipedia

    en.wikipedia.org/wiki/Devaynes_v_Noble

    The creditor, in each of these cases, elected, ex post facto , to apply the payment to the last debt. It was, in each case, held incompetent for him so to do. There are but two grounds on which these decisions could proceed;—either that the application was to be made to the oldest debt, or that it was to be made to the debt which it was most ...

  4. Solidary obligations - Wikipedia

    en.wikipedia.org/wiki/Solidary_obligations

    A common example of a solidary obligation created thorough operation of law is vicarious liability such as respondeat superior. Solidarity can be either active or passive. A solidary obligation that is active exists among the obligees (creditors) in the transaction. It is passive when it exists among the obligors (debtors) in a transaction.

  5. Pinnel's Case - Wikipedia

    en.wikipedia.org/wiki/Pinnel's_Case

    The case law has evolved over the years to create a number of exceptions to the rule in Pinnel's case. [4] The exceptions to the rule in Pinnel's case include: Payment accompanied by fresh consideration; [5] Prepayment of debt at the creditor's request; [2] Payment of a lesser sum at another place at the creditor's request; [2]

  6. Asset protection - Wikipedia

    en.wikipedia.org/wiki/Asset_protection

    Asset protection (sometimes also referred to as debtor-creditor law) is a set of legal techniques and a body of statutory and common law dealing with protecting assets of individuals and business entities from civil money judgments.

  7. Doctrine of marshalling - Wikipedia

    en.wikipedia.org/wiki/Doctrine_of_marshalling

    Marshalling is an equitable doctrine applied in the context of lending. It was described by Lord Hoffmann as: [A] principle for doing equity between two or more creditors, each of whom are owed debts by the same debtor, but one of whom can enforce his claim against more than one security or fund and the other can resort to only one.

  8. Secured vs. unsecured debt: What’s the difference? - AOL

    www.aol.com/finance/secured-vs-unsecured-debt...

    In the worst of cases, your creditor may send the account to collections. Examples of unsecured debt. Credit cards: These are a type of revolving debt that allows you to spend as you go. There are ...

  9. Debtor - Wikipedia

    en.wikipedia.org/wiki/Debtor

    A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this debt arrangement is a bank, the debtor is more often referred to as a borrower.

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