"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. It is a new contract substituted for an old contract which is thereby discharged, or for an obligation or cause of action which is settled. In some jurisdictions, novation is a species of accord and satisfaction.
"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. It is a new contract substituted for an old contract which is thereby discharged, or for an obligation or cause of action which is settled. In some jurisdictions, novation is a species of accord and satisfaction.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
"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. It is a new contract substituted for an old contract which is thereby discharged, or for an obligation or cause of action which is settled. In some jurisdictions, novation is a species of accord and satisfaction.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
“A method of discharging a claim whereby the parties agree to give and
accept something in settlement of the claim and perform the agreement, the ‘accord’ being the agreement and ‘satisfaction’ its execution or performance, and it is a new contract substituted for an old contract which is thereby discharged, or for an obligation or cause of action which is settled, and must have all the elements of a valid contract.
“An ‘accord and satisfaction’ arises where parties, by a subsequent
agreement, have satisfied the former one, and the latter agreement has been executed. The execution of a new agreement may itself amount to a satisfaction, where it is so expressly agreed by the parties...”
“In some jurisdictions, novation is a species of accord and satisfaction.”