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<p>[QUOTE="NPCoin, post: 406679, member: 5629"]Not really. The key here is debt. Debt is a very specific legal term and is used to identify when a product or service had been received with contractual promise to tender payment at a later date. Thus, we have the term legal tender. You cannot tender what is not owed. In the movie theater example, the theater had offered, but not yet performed any service or legal transfer of goods. Thus there is no legal contract to tender payment. Since there is no contract, the theater does not have the legal responsibility to perform.</p><p><br /></p><p>Even if you go to the grocery store. You come with two baskets of food that total $205. You give them 3 $100 bills, and they say that they cannot accept the third $100 because they cannot give change for it. Well, they do not legally have to accept the bill. They have not yet transfered legal ownership of the food to you, therefore there is no procurement of debt. Since there is no debt (because no contract), the payment is not for the tendering of a legal debt, and can thus be legally refused.</p><p><br /></p><p>In the same case, by law, a bank draft is legal tender. Yet, a business has the right to refuse payment by check...eventhough it is legal tender.</p><p><br /></p><p>However, if you receive your electricity for the month of July, and then you receive a bill in August for the costs, this is a legal debt that must be tendered back to the debtor. If you then go in to make payment, and give them a check, and they refuse to accept your check, for ANY reason, the debt is now dissolved and they may no longer collect on it. Likewise, if you walk in with $300 in cents, and they refuse, they have dissolved your legal responsibility to pay that debt.</p><p><br /></p><p>Legal tender <b>must</b> be accepted for payment of any debt, or the debt is invalidated. That is the purpose of legal tender. In fact, your boss does not legally have to make payment for your services ("paycheck") in the form of a check. If they really wanted to (especially if you "walked-out"), they can pay you all in cents. <img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie2" alt=";)" unselectable="on" unselectable="on" />[/QUOTE]</p><p><br /></p>
[QUOTE="NPCoin, post: 406679, member: 5629"]Not really. The key here is debt. Debt is a very specific legal term and is used to identify when a product or service had been received with contractual promise to tender payment at a later date. Thus, we have the term legal tender. You cannot tender what is not owed. In the movie theater example, the theater had offered, but not yet performed any service or legal transfer of goods. Thus there is no legal contract to tender payment. Since there is no contract, the theater does not have the legal responsibility to perform. Even if you go to the grocery store. You come with two baskets of food that total $205. You give them 3 $100 bills, and they say that they cannot accept the third $100 because they cannot give change for it. Well, they do not legally have to accept the bill. They have not yet transfered legal ownership of the food to you, therefore there is no procurement of debt. Since there is no debt (because no contract), the payment is not for the tendering of a legal debt, and can thus be legally refused. In the same case, by law, a bank draft is legal tender. Yet, a business has the right to refuse payment by check...eventhough it is legal tender. However, if you receive your electricity for the month of July, and then you receive a bill in August for the costs, this is a legal debt that must be tendered back to the debtor. If you then go in to make payment, and give them a check, and they refuse to accept your check, for ANY reason, the debt is now dissolved and they may no longer collect on it. Likewise, if you walk in with $300 in cents, and they refuse, they have dissolved your legal responsibility to pay that debt. Legal tender [B]must[/B] be accepted for payment of any debt, or the debt is invalidated. That is the purpose of legal tender. In fact, your boss does not legally have to make payment for your services ("paycheck") in the form of a check. If they really wanted to (especially if you "walked-out"), they can pay you all in cents. ;)[/QUOTE]
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