What is the relationship between a payment and the accompanying letter?
British Columbia, Canada
The following excerpt is from Rogic v. Ginn, 1996 CanLII 1341 (BC SC):
The relationship between a payment and the accompanying letter was described, perhaps most emphatically, by Madam Justice Proudfoot in Durant v. Fowler (8 May 1989), Vancouver No. B883330 (B.C.S.C.): ...the payment and the written correspondence cannot be dealt with separately. The writing surrounds the payment and in effect qualifies the payment.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the parol evidence rule apply to a payment agreement where the payment agreement states that no refunds should be made unless the payment policy is less than one month's notice? (British Columbia, Canada)
What is the effect of a judge's decision to order periodic child support payments rather than lump sum payments? (British Columbia, Canada)
What is the impact of a long-term relationship between a parent and their children on the relationship? (British Columbia, Canada)
Is a fiduciary relationship between parties determined by relationship rather than status or occupation? (British Columbia, Canada)
When a common-law spousal relationship ends in a common law relationship? (British Columbia, Canada)
How has the court considered the total length of the relationship between husband and wife's contributions to the purchase and use of property during their four year relationship? (British Columbia, Canada)
What is the relationship of a husband and wife and what is the impact of the relationship on the marriage? (British Columbia, Canada)
What is the effect of a single and dating relationship on a marriage-like relationship? (British Columbia, Canada)
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
Is a common-law relationship that extended over a long-term common law relationship valid? (British Columbia, Canada)
