A contract is usually discharged by performance of the terms of the agreement. However, the parties may agree to a different performance. This is called an accord. When the accord is performed, this is called an accord and satisfaction. The original obligation is discharged.
In order for there to be an accord and satisfaction, there must be
(1) a bona fide dispute;
(2) an agreement to settle the dispute; and
(3) the performance of the agreement.
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In a certain sense, this is accurate, as composing a Settlement Agreement Without Prejudice And Subject To Contract requires significant knowledge in subject matters, including state and local laws.
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Those requirements include:An offer. This is what one party proposes to do, pay, etc.Acceptance.Valid consideration.Mutual assent.A legal purpose.A settlement agreement must also not be "unconscionable." This means that it cannot be illegal, fraudulent, or criminal.
It is axiomatic that a settlement agreement requires there to be a meeting of the minds with regard to the terms of the agreement. This meeting of the minds is best effectuated by reducing the agreement to writing. As I noted above, most jurisdictions require settlements to be reduced to writing, for this reason.
Settlement agreements, otherwise known as compromise agreements, are an effective way of resolving disputes between employer and employee. Settlement agreements are mutual, legally binding contracts between the two parties which help settle any claims an employee has against the employer.
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.
Those requirements include:An offer. This is what one party proposes to do, pay, etc.Acceptance.Valid consideration.Mutual assent.A legal purpose.A settlement agreement must also not be "unconscionable." This means that it cannot be illegal, fraudulent, or criminal.
