Can a cheque containing the words "full payment" be accepted in full?

New Brunswick, Canada


The following excerpt is from Seales v. Russell, 2006 NBQB 271 (CanLII):

In Welsh v. Harnish and Thibodeau [1987] N.S.J. No. 609, Palmeter, C.J.C.C. stated at paragraph 9: The learned adjudicator found that the presentation of a cheque with the words thereon [“full payment”] to the appellant and the appellant’s endorsing of the same constituted acceptance of payment in full. With deference this is an error of law, because the adjudicator could not make such a finding without making prior findings of fact indicating the appellant accepted the same in full payment.

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