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.
North Carolina Agreement for Accord and Satisfaction of a Disputed Claim
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US-00435BG
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FAQ
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.
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 .
For an entity to use the and satisfaction defense in the courts, it must generally prove the following: That there is an agreement between the parties. That there is a dispute between the parties. Evidence of the fact that the parties intentionally agreed to solve an existing obligation with a lesser payment.
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.
A common means of settling a disputed claim, whereby a debtor offers to pay a lesser amount than the creditor purports to be owed. The creditor's acceptance of the offer creates an (agreement), and when the is executed, satisfaction occurs.
In order to constitute a valid and satisfaction, there must have existed a valid dispute between the parties. An and satisfaction is a contract and, as such, all of the requisite elements of a contract must be present.
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 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.
