Georgia Agreement for Accord and Satisfaction - Disputed Claim for Personal Injuries or Property Damage
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FAQ
Under the Law of TortWhen the agreement is executed, and satisfaction has been made, the arrangement is called accord and satisfaction and operates as a bar to the right of action. An accord and satisfaction in favour of one joint tort-feasor operate in favour of them all when the injury is one and indivisible.
If the obligation or service that was agreed upon in the accord is rendered, then the agreement is considered satisfied. In the case previously mentioned, if Bob does, in fact, give Sally the vehicle in place of the $600 he owed her, he has satisfied the accord.
Accord and satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion.
Under most state law, a valid accord 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.
554, 561 (2001), for the rule that three elements must exist for there to be an accord and satisfaction: (a) there must be a (good faith) dispute about the existence or extent of liability, (b) after the dispute arises, the parties must enter into an agreement in which one party must agree to pay more than that party
An accord 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. Accord and satisfaction is also used to settle legal claims prior to bringing them to court.
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 often the resolution of a disputed claim.
Definition. An agreement (accord) between two contracting parties to accept alternate performance to discharge a preexisting duty between them and the subsequent performance (satisfaction) of that agreement.
The definition of accord is to come to a compromise or agreement. An example of coming to an accord is the signing of a peace treaty between two countries. Accord means by choice. An example of the usage of this colloquialism is: No one asked me to do so, but I cleaned the entire house on my own accord.
