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Redeemabi;ity of the $5.00 Maple Leaf
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<p>[QUOTE="satootoko, post: 33900, member: 669"]Well, I don't often do this on coin forums, but let's get technical with our legal terms.</p><p><br /></p><p>A "debt" is an existing obligation to pay money. An ordinary cash sale transaction does not involve "debt". The exchange of the purchase price and the merchandise is simultaneous so neither the buyer nor the seller ever has an obligation to the other. Therefore, a seller can set whatever rules he wishes about what he will take in exchange for his goods.</p><p><br /></p><p>Regarding "debt", the common-law rule followed in that part of the world which derives its legal system from England, is that a "tender" of payment stops the running of interest, whether or not it is accepted by the creditor; and once "tender" of payment has been made the creditor cannot take any action to collect the debt except to accept the "tender" (which, of course, must be kept available for delivery). In that context a "tender" is an offer of payment which the debtor is ready, willing <i>and able</i> to deliver. The presentation of U.S. currency to a creditor in the United States, is by statute a valid "tender".</p><p><br /></p><p>Gadzooks - it's been about 40 years since I was teaching that stuff to law students taking a first year contracts course.<img src="http://64.91.226.227/images/emoticons/shades.gif" class="bbCodeImage wysiwygImage" alt="" unselectable="on" />[/QUOTE]</p><p><br /></p>
[QUOTE="satootoko, post: 33900, member: 669"]Well, I don't often do this on coin forums, but let's get technical with our legal terms. A "debt" is an existing obligation to pay money. An ordinary cash sale transaction does not involve "debt". The exchange of the purchase price and the merchandise is simultaneous so neither the buyer nor the seller ever has an obligation to the other. Therefore, a seller can set whatever rules he wishes about what he will take in exchange for his goods. Regarding "debt", the common-law rule followed in that part of the world which derives its legal system from England, is that a "tender" of payment stops the running of interest, whether or not it is accepted by the creditor; and once "tender" of payment has been made the creditor cannot take any action to collect the debt except to accept the "tender" (which, of course, must be kept available for delivery). In that context a "tender" is an offer of payment which the debtor is ready, willing [i]and able[/i] to deliver. The presentation of U.S. currency to a creditor in the United States, is by statute a valid "tender". Gadzooks - it's been about 40 years since I was teaching that stuff to law students taking a first year contracts course.[IMG]http://64.91.226.227/images/emoticons/shades.gif[/IMG][/QUOTE]
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