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Question
On January 1, 2006 Bev owed $5,000 on her car loan. The loan was due in May 2006. On January 1, 2006, Bev sent the lender a check for $4,000 marked "in full payment" of the loan. The lender cashes the check. Under these circumstances:
A. the lender can sue Bev for $1,000.
B. the lender has not promised to accept the payment as "payment in full."
C. Bev can avoid paying the $1,000.
D. Bev has not given consideration.
Answer
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