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.
Where a claim is disputed, and where the creditor fails to reject a check for a lesser amount remitted to the creditor by the debtor on the clear condition that it be accepted in full satisfaction, the acceptance on the part of the creditor amounts to an accord and satisfaction of the creditor's larger claim. No particular language is required to be used by a debtor in making a tender of a check in full settlement of a claim against the debtor, so long as the tender clearly indicates that acceptance by the creditor of the amount offered must be in full satisfaction of the claim.
The following form is a sample of a notice accompanying a check tendered in settlement of a claim that is in dispute.
Pennsylvania Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document that serves as an important part of resolving disagreements or disputes between parties in the state of Pennsylvania. This notice is typically attached to a check when it is offered as a settlement to the party with the disputed claim. It ensures that all parties involved are informed about the terms of the settlement and the consequences of accepting the check. The Pennsylvania Notice Accompanying Check Tendered in Settlement of Disputed Claim is necessary to provide a clear understanding of the settlement agreement and to protect the rights of both the paying party and the receiving party. This notice outlines the terms and conditions under which the check is being tendered, ensuring that both parties are aware of the implications of accepting the payment. Types of Pennsylvania Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. General Notice: This type of notice is used in most cases where a dispute has been resolved, and the paying party wants to settle the claim by providing a check. It includes essential information such as the amount of the settlement, the purpose of the payment, and any additional conditions or restrictions. 2. Notice of Release: In some cases, the Pennsylvania Notice Accompanying Check Tendered in Settlement of Disputed Claim may also serve as a notice of release. This type of notice declares that by accepting the check, the receiving party agrees to release the paying party from any further claims related to the dispute, providing a final resolution to the matter. 3. Notice of Confidentiality: In certain situations, the settlement agreement may involve confidential information or include a confidentiality clause. In such cases, the Pennsylvania Notice Accompanying Check Tendered in Settlement of Disputed Claim may contain a notice of confidentiality, emphasizing that the terms of the settlement are to remain confidential and not to be disclosed to any third parties. It is important to note that the specific contents and wording of the Pennsylvania Notice Accompanying Check Tendered in Settlement of Disputed Claim may vary depending on the particular circumstances of the dispute, the parties involved, and any additional agreements made during the negotiation process. Any party receiving such a notice should carefully review its contents and consult with legal counsel if necessary to ensure a clear understanding of the terms and implications of accepting the check.
