Guam Checklist of Matters to be Considered in Drafting an Accord and Satisfaction Agreement

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An accord and satisfaction is a method of discharging a contract, or settling a cause of action arising either from a contract or a civil wrong, by substituting for the contract or cause of action an agreement for its satisfaction and the performance of the substituted agreement.

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FAQ

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.

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.

The new agreement is the ?,? and the subsequent performance of the new agreement is the ?satisfaction.? The main difference between an and satisfaction and a contract modification is that a contract modification immediately discharges the preexisting contractual duty upon execution of the modification, ...

And satisfaction refers to the agreement () between two contracting parties to accept alternate performance to discharge a pre-existing duty between them and the subsequent performance (satisfaction) of that agreement. The new performance is called the .

An and satisfaction occurs when the parties involved in a dispute reach a new agreement to resolve the dispute. This agreement may involve a compromise, such as a payment of less than the full amount owed or a release of certain claims.

The consideration for an is often the resolution of a disputed claim. While in a novation, the new promise itself satisfies the preexisting claims, in an it is the performance of the new promise that satisfies the preexisting duty.

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.

The consideration for an is often the resolution of a disputed claim. While in a novation, the new promise itself satisfies the preexisting claims, in an it is the performance of the new promise that satisfies the preexisting duty.

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Guam Checklist of Matters to be Considered in Drafting an Accord and Satisfaction Agreement