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English legal question


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I have a question regarding an out of court "in full and final settlement" offer made in this instance by an UK insurance company.

Does anyone know at what stage acceptance is deemed to have been made or confirmed?

Is it when a letter is written saying "we accept your offer"? Or when a cheque is subsequently received and banked?

My past experience has been of an offer being made with an accompanying cheque which stated cashing the cheque would be deemed as acceptance.

Thanking you in anticipation.

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hi

im sure each case turns on its particular facts, and may include verbal or written agreements.

in your case i suggest your words..we accept your offer... would be sufficient but depending on what the wording of the offer is?

 

in a case where and offer is made and a cheque enlcosed, i suggest that cashing the cheque is accepting the offer.

 

however, i specialise in criminal law...ha

 

kim

 

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Hi I am with kimg here but I am in the civil side of the law and without knowing the background it is quite simply impossible to let you have a definitive answer.

However to arrive at a situation 'in full and final settlement' there must by sheer implication have been a series of discussions be it by phone email or letter and equally both express and or implied terms in the document and to which you are bound.

Your action in signing a 'full and final settlement' is express and thus you are bound by it.  Your action in cashing the cheque would also commit you to the transaction.

Full and final settlement is a term that has been in use for years and years and prohibits any future come-back.  Sometimes the letter that accompanies the offer is headed by 'without prejudice' 'subject to contract' and the like.

I am presuming (and could be wrong) that the offer is to do with cars or assets and the like?

If it indeed refers to personal injury or say a loss that falls from the incident and it is not know to you at this time then it may repeat may be possible to return to the question and when the damage or injury becomes known to you.   Say a sack of flour in a warehouse fell on you today (its a first year law degree question and deals with the concept that the facts speak for themselves) and then the warehouse insurer on behalf of its client reached a settlement let us say for injury and continuing headaches then they would try to tie up the deal so that there is no comeback.  However what happens two years later when the headaches become unbearable and a scan shows that you have a brain tumour and the medical argument is that it could only have been the sack of flour?

Hope this helps

Please donate my fee to charity!  Only kidding!

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