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Legal Definitions - giving in payment

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Definition of giving in payment

When someone owes money to another person, they can discharge the debt by giving something to the creditor instead of the original payment. This is called giving in payment and it must be done with the creditor's consent.

For example, if someone owes $100 to a creditor, they can offer to give a piece of jewelry worth $100 instead of paying with cash. If the creditor agrees to accept the jewelry as payment, then the debt is considered discharged.

This practice comes from Roman law and is known as datio in solutum in Latin. In French, it is called dation en paiement. Giving in payment is different from accord and satisfaction, which is when a debtor and creditor agree to settle a debt for less than the full amount owed.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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Simple Definition

Definition: Giving in payment is when someone pays off a debt by giving something to the creditor that was not originally agreed upon. This can only happen with the creditor's permission. It comes from a French phrase and is based on an ancient Roman practice. It is similar to an agreement and satisfaction.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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It's every lawyer's dream to help shape the law, not just react to it.

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