Raymond works on a part-time basis for a firm of accountants in its taxation department, but he also runs a small consultancy business, of which he is the sole proprietor, specialising in personal taxation advice. He entered into a contract with Samantha, a struggling artist, under which he agreed to prepare some draft business accounts for her, covering the last three years, for the sum of £800. Raymond completed the work, but Samantha told him she could only afford to pay £200 for the work. After a bitter argument Raymond reluctantly accepted a cheque for £200 from Samantha, which was stated to be in full and final settlement of the debt. Shortly afterwards Samantha's paintings began to realise very high prices and Raymond has just read in a newspaper that her latest work has been sold for £20,000. He now wishes to claim the balance of £600 from Samantha and approaches you for advice.
Required:
1. Advise Raymond on possible remedies available to him.
2. Would your answer be any different if Samantha had paid Raymond the £200 three weeks earlier than the debt was actually due, and Raymond had agreed to this?
3. What would be the legal position if Raymond had requested a £400 payment from Samantha as full and final settlement?
4. What advice do you have for Samantha?