Can a signature on a return receipt create a binding contract?

[Solomonvz]

If I mail a check to my dr for payment, and enclose a letter saying "If you cash this check it means the bill is paid in full" and I send the letter certified return receipt with restricted delivery and above the signature box on the return receipt I write, "signature means you will accept and cash the enclosed check" is the doctor than legally obligated to abide by the agreement in the letter (that the check will be cashed and bill paid in full) if he signs the return receipt?

 

[Zigner]

If I mail a check to my dr for payment, and enclose a letter saying "If you cash this check it means the bill is paid in full" and I send the letter certified return receipt with restricted delivery and above the signature box on the return receipt I write, "signature means you will accept and cash the enclosed check" is the doctor than legally obligated to abide by the agreement in the letter (that the check will be cashed and bill paid in full) if he signs the return receipt?

Sorry, this forum is for US law only.

 

[Eekamouse]

Don't know where you are from but it sounds like you're trying to pull a fast one and get out of paying the full amount of your bill.

 

[LdiJ]

If I mail a check to my dr for payment, and enclose a letter saying "If you cash this check it means the bill is paid in full" and I send the letter certified return receipt with restricted delivery and above the signature box on the return receipt I write, "signature means you will accept and cash the enclosed check" is the doctor than legally obligated to abide by the agreement in the letter (that the check will be cashed and bill paid in full) if he signs the return receipt?

If the doctor is not stupid, he won't sign for the mail. However, in any case I don't believe that would fly at all. First, I don't think that you can write additional things like that on the delivery receipt, and second, where is the consideration?...where is the meeting of minds?

 

[OHRoadwarrior]

How were you planning on proving the letter was there and that he read it and agreed before cashing the check? A fortune teller?

 

[You Are Guilty]

coughcoughrestritiveindorsementcough

http://www.law.cornell.edu/ucc/3/3-206

 

[Zigner]

coughcoughrestritiveindorsementcough

http://www.law.cornell.edu/ucc/3/3-206

coughcough-theopdidn'tmakeanynotesonthecheckitself,justonthepaperworkhe'senclosingwiththecheck-cough



coughcough-eta:USLawOnly-cough

 

[TigerD]

cough choke cough -- try UCC 3-311 instead. cough choke wheeze.

DC

 

[Zigner]

cough choke cough -- try UCC 3-311 instead. cough choke wheeze.

DC

Not that it matters, because this wouldn't count as an accord and satisfaction under UCC3-311 either

 

[Eekamouse]

(cough cough cough deadbeat cough cough cough)

 

[latigo]

Not that it matters, because this wouldn't count as an accord and satisfaction under UCC3-311 either

Dear Z:

Assuming that there was a "bona fide dispute" regarding the amount of the fee, explain how we are to reconcile the above response in view of UCC 3-111(d)?

Why wouldn't the return receipt verifying the delivery of the OP's proposed letter to the doctor be sufficient proof of notice of the OP's conditions placed on collecting on the check?

[SUP]Fortunately, I never had to deal with such as my clients always added a "tip". Usually, "Go back to law school and pay attention this time!. [/SUP]