(ii) Acceptance by the Defendant

Where the claimant paid the creditor purporting to discharge the debt but without any request by the defendant to make the payment, this will discharge the debt if both the creditor and the defendant accepted that the payment discharged the debt.[1] Such acceptance of the payment will only be effective to perfect the discharge of the debt where the claimant intended the payment to have this effect.[2]

(iii) Performance of an Act Which the Defendant Was Liable to Perform

Where the claimant performs an act which the defendant was liable to perform, this will discharge the defendant’s liability, at least where the act is irrevocable.[3] So, for example, if the defendant is under a legal liability to keep a road in a good state of repair and the claimant mended the road, the claimant will clearly have discharged the defendant’s liability, because the person to whom the liability was owed cannot restore the benefit which has been received.[4] [5]

  • [1] Customs and Excise Commissioners v National Westminster Bank plc [2002] EWHC 2204 (Ch), [2003] 1All ER (Comm) 327.
  • [2] Re Rowe [1904] 2 KB 48 3. 197 See Gebhardt v Saunders [1892] 2 QB 452.
  • [3] 198 D Friedmann, ‘Payment of Another’s Debt’ (1983) 99 LQR 534, 541.
  • [4] 199 See, for example, Belshaw v Bush (1851) 11 CB 190, 138 ER 444; Simpson v Eggington (1855) 10 Ex 845,
  • [5] 156 ER 683; City Bank of Sydney v McLaughlin (1909) 9 CLR 615; Barclays Bank Ltd v WJ Simms, Son andCooke (Southern) Ltd [1980] QB 677; Esso Petroleum Co Ltd v Hall Russell and Co Ltd [1989] AC 643, 663(Lord Goff); Guardian Ocean Cargoes Ltd v Banco de Brasil SA [1991] 2 Lloyd’s Rep 68,87 (Hirst J); CrantraveLtd v Lloyds Bank plc [2000] QB 917.
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