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Vince and Jennifer Are Good Friends

Question 121

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Vince and Jennifer are good friends.In August,2010,Jennifer borrowed $5,000 from Vince for tuition and has been paying him in installments.Over the next few months Vince grew fond of Jennifer and asked her on a date.The date went well,even though Jennifer repeatedly told Vince that she wanted to stay good friends and no more.Vince,however,has grown to love her.When she shows up to make her December payment,Vince not only rips up her payment check but rips up the promissory note evidencing the debt declaring that he doesn't want her money and she is now free of the debt.She thanks him,shakes his hand,and gives him a peck on the cheek then leaves.That afternoon,Vince goes to a coffee shop and sees Jennifer and Brad in a corner booth kissing passionately.Vince is infuriated.He goes home and pulls the ripped promissory note out of the garbage and tapes the forty pieces together.He then e-mails Jennifer telling her that he expects to be paid on the note.Discuss Vince and Jennifer's rights and whether the note is still enforceable and negotiable.

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Jennifer has committed no fraud and did ...

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