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Arkansas Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence

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Description

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.


An example would be settlement of a lawsuit for breach of contract. The parties might settle for less than the amount called for under the contract if the amount is in dispute. An accord and satisfaction is also a method of settling a cause of action arising either from a civil wrong (tort), by substituting for the cause of action an agreement for its satisfaction and the performance of the substituted agreement. The accord is the agreement; the satisfaction is the performance of the agreement.

Arkansas Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence is a legal document that outlines the resolution of a dispute arising from personal and property damages caused due to negligence. This agreement is specific to the state of Arkansas and aims to settle the matter between the parties involved, avoiding the need for further litigation. Keywords: Arkansas, Agreement, Accord and Satisfaction, Disputed Claim, Personal Damages, Property Damages, Negligence. There may be different types of Arkansas Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence depending on the specific circumstances of the claim. Some common variations of this agreement could include: 1. Arkansas Agreement for Accord and Satisfaction of a Disputed Claim for Personal Damages for Negligence: This version of the agreement focuses solely on resolving claims related to personal injuries caused by negligence. It outlines the terms of the settlement and details the compensation package agreed upon by both parties. 2. Arkansas Agreement for Accord and Satisfaction of a Disputed Claim for Property Damages for Negligence: This type of agreement is specific to resolving disputes regarding property damages caused by negligence. It clarifies the responsibilities of each party involved and establishes a fair settlement for the damages incurred. 3. Arkansas Agreement for Accord and Satisfaction of a Disputed Claim for Personal and Property Damages for Negligence: This comprehensive agreement covers both personal and property damages resulting from negligence. It encompasses all aspects of the dispute, ensuring a complete resolution while addressing compensation for both types of damages. It is important to note that these examples are hypothetical and variations of the agreement may exist depending on the specific circumstances and the parties involved. Furthermore, it is always advisable to consult with a legal professional to ensure the agreement accurately reflects the terms and conditions specific to each case.

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FAQ

The doctrine of and Satisfaction is a mode of discharge of contractual obligations as opposed to Waiver of Contractual Rights which only covers the liberty of a person to let go of certain obligations irrespective of the fact whether the remaining obligations have been fulfilled or not.

C) An and satisfaction involves an exchange of consideration. d) A release is a discharge by agreement.

An and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim. and satisfaction is also used to settle legal claims prior to bringing them to court.

To establish the defense or and satisfaction, there must be (1) evidence of a dispute between the parties about what is expected and (2) evidence establishing that the parties specifically and intentionally agreed to discharge the existing obligation by means of a lesser payment tendered and accepted.

A common way that and satisfaction is used is to satisfy a debt that a debtor cannot afford with a smaller payment. Sometimes a creditor will agree to accept a percentage of a debt in order to have the original contract fulfilled and the dispute handled.

Under most state law, a valid and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.

More info

[Defendant] contends and has the burden of proving that an accord and satisfaction occurred as to [defendant]'s obligations under the parties' contract. A contract is usually discharged by performance of the terms of the agreement. However, the parties may agree to a different performance.An accord and satisfaction is a substitute contract for settlement of a debt by some alternative other than full payment. The consideration for an accord is ... [Contract for sale of real property, P claims oral agreement to sell personal items in the subject premises as well]. •Where there's a written agreement ... Learn how to file a claim for damages with the City of Fayetteville, Arkansas ... Damage claims and supporting documentation can be filed online or in person. Jul 27, 2023 — Browne moved for summary judgment on her breach of contract claim. She argued that, as a matter of law, the accident was the proximate cause of ... 30:4 CONTRACT FORMATION ― REVOCATION OF OFFER. (Plaintiff) (Defendant) claims the offer was revoked before it was accepted. To revoke an offer is to withdraw it ... Dec 1, 2016 — agreement about fees for the ... the nature of the claim, i.e., wheth- er property loss, property damage, death, personal injury etc., and. While the PACA Division will attempt to keep this list of sample reparation cases current, the PACA Division does not guarantee on any given day that the list ... Our Reference Guide covers many areas of Arizona law, highlighting the most common issues associated with civil litigation. This resource is intended to ...

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Arkansas Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence