chl at clerew.man.ac.uk
Fri Dec 5 19:40:17 GMT 2014
On Thu, 04 Dec 2014 15:58:08 -0000, Nicholas Bohm <nbohm at ernest.net> wrote:
> Most interesting - thank you.
> As I understand it, legal tender is what a creditor cannot refuse to
> accept without risking being met with the defence of tender. The courts
> (in the examples given, anyway) are not creditors. They are like any
> other person offering a service, who can lay down, on a
> take-it-or-leave-it basis, what they want in exchange. That doesn't
> undermine or alter the concept of legal tender, which never purported to
> compel people to accept one form of payment rather than another unless
> they were already creditors.
I don't follow that. If the court has ordered that you make a payment to
it, then you "owe" that much money to the court (OK, the "debt" may not
technically be a consideration for some contract, but it is still a Debt).
So if you owe money to the Court, then the Court is your "creditor". For
example, if you cannot afford the sum in question, you can declare
bankruptcy, and then presumably some rule will determine whereabouts in
the packing order the Court comes.
Charles H. Lindsey ---------At Home, doing my own
Tel: +44 161 436 6131 Web:
Email: chl at clerew.man.ac.uk Snail: 5 Clerewood Ave, CHEADLE, SK8 3JU,
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