In a mutual rescission, both parties, acting in good faith, renew their commitment to
perform all obligations set forth in their original agreement.
Under the Clean Water Act, the EPA has developed effluent guidelines, which are
ranges for discharges organized according to industrial groups and for specific plants in
each of these groups.
Sam Student had borrowed $1,000 from his cousin. Sam and the cousin became
involved in a heated disagreement when the cousin began to press Sam for repayment
of the loan. Finally, Sam wrote a check for $190 to the cousin and conspicuously wrote
on the check in big letters that it was full and final payment of the $1,000 loan. In need
of money, the cousin cashed the check and demanded the remaining $810 from Sam.
Sam refused to pay, claiming that they had entered into an accord and satisfaction that
discharged Sam’s obligation to pay anything more. The cousin sued Sam. Discuss the
probable outcome.