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question
A law student contacted a tutor about the possibility of hiring the tutor to help the law student prepare for his upcoming finals. The tutor sent the law student a copy of the tutor's standard tutorial agreement. The agreement stated that the tutor's rate was
$50 per one-hour session. The law student then telephoned the tutor and said, "This agreement looks fine to me. I'd like you to give me 10 sessions over the next 10 days. " The tutor replied, That will be fine. Fill in 10 sessions on the agreement, sign it, and bring it to me tomorrow when we have our first session. " The student then said, "I want you to really push me to do my best. In fact, if I get an A in any class I'll pay you an additional $100 for each A. "The next day, the law student brought the signed agreement to the tutorial session. The tutor conducted all 10 sessions. Two weeks later, when the results of the finals were released, the law student excitedly called the tutor and exclaimed, "Thank you so much I just found out that I received two A's and two B's in my classes!" The tutor then sent the law student a bill for 500. Included with the check was a note which read, "You taught me contract law very well. I now know that I am not obligated to pay you the additional $200 for the A's, because that was just a gratuitous promise. " On the back of the check the law student typed the following:"Endorsement of this check by payee constitutes surrender of all claims against me arising out of our tutorial arrangement. "In need of money, the tutor endorsed and cashed the check. What is the probable legal effect of the tutor's endorsement of the check?Plain-text mathematical notation (without MathML)
A law student contacted a tutor about the possibility of hiring the tutor to help the law student prepare for his upcoming finals. The tutor sent the law student a copy of the tutor's standard tutorial agreement. The agreement stated that the tutor's rate was $50 per one-hour session. The law student then telephoned the tutor and said, "This agreement looks fine to me. I'd like you to give me 10 sessions over the next 10 days. " The tutor replied, That will be fine. Fill in 10 sessions on the agreement, sign it, and bring it to me tomorrow when we have our first session. " The student then said, "I want you to really push me to do my best. In fact, if I get an A in any class I'll pay you an additional $100 for each A. "The next day, the law student brought the signed agreement to the tutorial session. The tutor conducted all 10 sessions. Two weeks later, when the results of the finals were released, the law student excitedly called the tutor and exclaimed, "Thank you so much I just found out that I received two A's and two B's in my classes!" The tutor then sent the law student a bill for 700.Twodayslaterthetutorreceivedacheckfromthelawstudentintheamountof500. Included with the check was a note which read, "You taught me contract law very well. I now know that I am not obligated to pay you the additional $200 for the A's, because that was just a gratuitous promise. " On the back of the check the law student typed the following:"Endorsement of this check by payee constitutes surrender of all claims against me arising out of our tutorial arrangement. "In need of money, the tutor endorsed and cashed the check. What is the probable legal effect of the tutor's endorsement of the check?
Original LaTeX notation
A law student contacted a tutor about the possibility of hiring the tutor to help the law student prepare for his upcoming finals. The tutor sent the law student a copy of the tutor's standard tutorial agreement. The agreement stated that the tutor's rate was $50 per one-hour session. The law student then telephoned the tutor and said, "This agreement looks fine to me. I'd like you to give me 10 sessions over the next 10 days. " The tutor replied, That will be fine. Fill in 10 sessions on the agreement, sign it, and bring it to me tomorrow when we have our first session. " The student then said, "I want you to really push me to do my best. In fact, if I get an A in any class I'll pay you an additional $100 for each A. "The next day, the law student brought the signed agreement to the tutorial session. The tutor conducted all 10 sessions. Two weeks later, when the results of the finals were released, the law student excitedly called the tutor and exclaimed, "Thank you so much I just found out that I received two A's and two B's in my classes!" The tutor then sent the law student a bill for $700. Two days later the tutor received a check from the law student in the amount of $500. Included with the check was a note which read, "You taught me contract law very well. I now know that I am not obligated to pay you the additional $200 for the A's, because that was just a gratuitous promise. " On the back of the check the law student typed the following:"Endorsement of this check by payee constitutes surrender of all claims against me arising out of our tutorial arrangement. "In need of money, the tutor endorsed and cashed the check. What is the probable legal effect of the tutor's endorsement of the check?
choices
- It constituted a discharge of a liquidated claim.
- It constituted an accord and satisfaction of an unliquidated claim.
- Part payment of a liquidated claim would not constitute a discharge of the entire amount due.
- Part payment of an unliquidated claim does not constitute sufficient consideration for the discharge of the entire claim.
subject
professional_law
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