Can an obligation be discharged by something less than the actual performance of the obligation itself?
Saskatchewan, Canada
The following excerpt is from Pacholko v. Manastryski, 1983 CanLII 2249 (SK QB):
Even if the value of the exchange was not equal, an obligation can be discharged by something less than the actual performance of the obligation itself. Whether the exchange was accepted in satisfaction of the plaintiff’s claim is a question of fact. See Peterson v. Flack, 1923 CanLII 56 (SK CA), [1923] 1 W.W.R. 1289.
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