Guam Agreement for Accord and Satisfaction of a Disputed Claim

State:
Multi-State
Control #:
US-00435BG
Format:
Word; 
Rich Text
Instant download

Description

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 a bona fide dispute; an agreement to settle the dispute; and 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.

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FAQ

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.

An and satisfaction is a new agreement that suspends the terms of an existing agreement in favor of a new one. The is the agreement on the new terms of the contract, and the satisfaction is the performance of those terms ing to the agreement.

Which of the following is true regarding an and satisfaction? When amounts agreed upon are paid, the debt is fully discharged.

An agreement in which the promisor in a current contract promises to perform a different obligation than the one he is contractually bound to perform and the promisee agrees to accept the different obligation instead of the performance he is entitled to under the current contract.

The doctrine and its usage in India have been derived from the American Common Law. Section 63 of the Indian Contract Act allows a party to a contract to dispense with the performance of the contract by the other party, or to extend the time of performance or to accept any other satisfaction instead of the performance.

554, 561 (2001), for the rule that three elements must exist for there to be an ? 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 ...

For instance, say Bob owes Sally $600 under contract. Bob offers to give Sally an old car of his in place of the $600. If Sally accepts the vehicle as a settlement for the money that was originally owed, she forgoes her right to the cash and now has a right to the vehicle Bob promised.

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

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Guam Agreement for Accord and Satisfaction of a Disputed Claim