South Carolina Agreement for Accord and Satisfaction of an Undisputed Hospital Claim

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Description

Accord and satisfaction is a method of discharging a claim whereby the parties agree to give and accept something in settlement of the claim and perform the agreement. Accord is the agreement and satisfaction is its execution or performance.


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.


In order for there to be an accord and satisfaction, there must be

(1) a bona fide dispute;

(2) an agreement to settle the dispute; and

(3) the performance of the agreement.


A settlement in which one party promises to forego an undisputed, liquidated claim in exchange for a promise to perform, or the performance of, a pre-existing duty will not be held to be enforceable by many courts, because of the absence of consideration. However, the promise to perform, or the performance of, anything slightly different from the pre-existing duty is sufficient consideration to support a promise to forego the claim. When a claim is disputed in good faith, or when an undisputed claim is unliquidated (the amount owed has not been determined), a settlement of such a claim is clearly enforceable.

The South Carolina Agreement for Accord and Satisfaction of an Undisputed Hospital Claim is a legal document used to resolve and settle an undisputed hospital claim. It is initiated when a hospital and a patient (or their representative) come to an agreement regarding the payment of medical expenses. Keywords: South Carolina, Agreement for Accord and Satisfaction, Undisputed Hospital Claim, legal document, resolve, settle, hospital claim, agreement, payment, medical expenses. This agreement is specifically designed to address hospital claims in the context of the South Carolina legal system. It acts as a binding contract between the hospital and the patient, ensuring that both parties are held to their obligations as agreed upon. The primary purpose of this agreement is to negotiate the settlement of a hospital claim that is not in dispute. The claim may arise from various hospital services received by the patient, such as surgeries, consultations, diagnostic tests, medications, or any other procedures provided by the hospital. By signing the agreement, the patient acknowledges that they owe a specific amount of money to the hospital as the result of the provided medical services. Likewise, the hospital acknowledges that the patient will make a payment in the agreed-upon amount as full satisfaction of the claim. It is important to note that the South Carolina Agreement for Accord and Satisfaction of an Undisputed Hospital Claim may have different types or versions. These different types can vary in terms of the specific terms and conditions outlined in the agreement and may cater to specific circumstances or hospital claims. For instance, there might be an agreement specifically tailored for outpatient services or a separate version for inpatient services. The differences in these versions ensure that the agreement accurately reflects the nature and details of the hospital claim being settled. Overall, the South Carolina Agreement for Accord and Satisfaction of an Undisputed Hospital Claim serves as an essential tool for hospitals and patients to efficiently and fairly settle uncontested medical bills. It provides clarity, outlines the terms of payment, and helps avoid any future disputes regarding the outstanding hospital claim.

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FAQ

Satisfaction is the fulfillment of an obligation. The term is often used in the context of contract law when one performs their duties under the contract. The term is also often found in the context of judgments in determining whether a party discharged their liability from a judgment.

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.

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.

Which of the following is true regarding an accord and satisfaction? When amounts agreed upon are paid, the debt is fully discharged. Which of the following is true under the UCC regarding checks marked "paid-in-full"?

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.

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

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.

The accord is the agreement to discharge the obligation and the satisfaction is the legal "consideration" which binds the parties to the agreement.

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.

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A settlement of a UM claim is also a contractual agreement where the insured's acceptance of a check constitutes an accord and satisfaction. The Hospital urges this Court to recognize ?the well-settled maxim of common law that when a plaintiff's only claim against a principal is ...A contract of insurance is an agreement by which the insurer is bound to payto write insurance in this State, the Commissioner shall be satisfied, ... Given the undisputed facts of this case, the defendant was entitled to theto file a notice of appeal and present a petition for appeal to the Court of ... Appeal File (CBCA 341), Vol. 7, Exhibit 2.1 at B-1-2, L-7. The contracts. 2. NHG's appeal of the denial of its , claim was ... Get free access to the complete judgment in TROMPETER v.were not an accord and satisfaction of the insured's claim for permanent total disability, ... Reimbursement or subrogation claims, or Medicaid compliance issues. In this highly regulatedMedicaid does not or did not cover for the recipient. Section 12 reads: 'A release to, or an accord and satisfaction with, one or more joint trespassers,As the Court of Appeals of South Carolina remarked:. On appeal, the Court agreed with the district court regarding its grant of summary judgment to HRFC on Askew's CLEC claims and breach of contract claim. The ... J - South Carolina Local Government Development Agreement Actfollowing steps must be taken in accord with S.C. Code § 6-29-520 and § 6-29-530.

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South Carolina Agreement for Accord and Satisfaction of an Undisputed Hospital Claim