Virgin Islands 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

????? For and satisfaction to occur, the amount of the obligor?s debt to the obligee must be in dispute, or unliquidated. ?????? Liquidated Debt: A debt whose amount has been ascertained, fixed, agreed on, settled, or exactly determined.

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.

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.

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.

Failure of consideration is a concept which relates to the law of contracts. In contract law, a party trades something of value in exchange for consideration. The term failure of consideration implies that the consideration, which was sufficient at the time of bargaining, has ceased to be sufficient.

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.

If the lender agrees to reduce the closing costs by an extra $1000 and the borrowers agree, then there has been an and satisfaction.

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