• US Legal Forms

Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence

State:
Multi-State
Control #:
US-00437BG
Format:
Word; 
Rich Text
Instant download

Description

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.


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 if the amount is in dispute. An accord and satisfaction is also a method of settling a cause of action arising either from a civil wrong (tort), by substituting for the cause of action an agreement for its satisfaction and the performance of the substituted agreement. The accord is the agreement; the satisfaction is the performance of the agreement.

Definition and meaning

The Agreement for Accord and Satisfaction of a Disputed Claim serves as a legal document that formalizes a settlement between parties in a disputed claim, particularly regarding personal and property damages stemming from negligence. This agreement indicates that one party agrees to pay a specified sum to another, who then waives any further claims related to the dispute. It is crucial for resolving disputes without the need for prolonged litigation.

How to complete a form

To complete the Agreement for Accord and Satisfaction, follow these steps:

  1. Begin by filling in the date of the incident.
  2. Identify yourself as the Plaintiff and the party at fault as the Defendant.
  3. Clearly state the amount being settled and ensure it is acknowledged by both parties.
  4. Ensure both parties’ signatures are obtained along with a notary seal to verify the agreement.

Make sure to review the document carefully for accuracy before signing.

Who should use this form

This form is designed for individuals involved in a dispute regarding personal injury or property damage claims due to negligence. It is beneficial for:

  • Plaintiffs seeking compensation for damages.
  • Defendants acknowledging a claim but wishing to avoid further legal action.
  • Both parties looking to settle disputes quickly and efficiently.

Consider consulting with a legal professional before proceeding to ensure this form is appropriate for your situation.

Key components of the form

The Agreement for Accord and Satisfaction includes several essential elements:

  • Identifying Information: Names and details of the Plaintiff and Defendant.
  • Details of the Incident: Date and description of the related events.
  • Settlement Amount: The agreed upon monetary compensation.
  • Release of Liability: A clause stating that the Plaintiff cannot pursue further claims once the agreement is signed.

These components work together to ensure clarity and mutual understanding between both parties.

Common mistakes to avoid when using this form

When filling out the Agreement for Accord and Satisfaction, be mindful of the following common pitfalls:

  • Failing to provide complete and accurate information about the parties involved.
  • Not clearly specifying the settlement amount or the nature of the claims being settled.
  • Neglecting to obtain signatures from all parties involved or skipping the notarization process.

Review the completed form thoroughly to avoid these errors and ensure it is legally binding.

What to expect during notarization or witnessing

Notarization adds a layer of authenticity to the Agreement for Accord and Satisfaction. During this process:

  • You will present valid identification to the notary public.
  • The notary will verify your identity and witness your signature on the document.
  • The notary will then affix their seal, affirming the document's legitimacy.

Ensure that all parties are present for notarization to avoid delays or complications.

Free preview
  • Preview Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence
  • Preview Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence
  • Preview Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence

How to fill out Agreement For Accord And Satisfaction Of A Disputed Claim (i.e., Personal And Property Damages) For Negligence?

Aren't you sick and tired of choosing from countless samples every time you need to create a Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence? US Legal Forms eliminates the lost time an incredible number of Americans spend surfing around the internet for appropriate tax and legal forms. Our professional team of lawyers is constantly updating the state-specific Forms library, so it always offers the right documents for your situation.

If you’re a US Legal Forms subscriber, simply log in to your account and then click the Download button. After that, the form can be found in the My Forms tab.

Visitors who don't have a subscription should complete easy steps before having the ability to download their Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence:

  1. Utilize the Preview function and read the form description (if available) to be sure that it is the right document for what you are trying to find.
  2. Pay attention to the applicability of the sample, meaning make sure it's the correct sample for the state and situation.
  3. Make use of the Search field at the top of the web page if you want to look for another document.
  4. Click Buy Now and choose a preferred pricing plan.
  5. Create an account and pay for the service utilizing a credit card or a PayPal.
  6. Get your sample in a required format to complete, print, and sign the document.

Once you’ve followed the step-by-step instructions above, you'll always have the capacity to sign in and download whatever document you want for whatever state you need it in. With US Legal Forms, completing Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence samples or other legal paperwork is not hard. Begin now, and don't forget to look at your samples with certified lawyers!

Form popularity

FAQ

The discharge of an obligation by paying a party what is dueas on a mortgage, lien, or contractor by paying what is awarded to a person by the judgment of a court or otherwise.

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.

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.

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.

Accord and satisfaction- the agreement under which one of the parties undertakes to give or perform, and the other to accept, in satisfaction, the amount of the debt must be in dispute.covenant not to sue- the parties substitute a contractual obligation for some other type of legal action based on a valid claim.

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.

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.

An accord and satisfaction is distinguishable from release. A release is a relinquishment of a right, which may be given gratuitously or for inadequate consideration, while an accord and satisfaction is the discharge of a debt or claim by the acceptance of some payment which is agreed to constitute full satisfaction.

The agreement by which the original obligation is discharged is the accord, and the discharge of the substituted obligation is the satisfaction. A contract can be discharged by the same process which created it, that is, by mutual agreement.

Trusted and secure by over 3 million people of the world’s leading companies

Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence