CHANAKAYA NATIONAL LAW UNIVERSITY

NAYAYA NAGAR, MITHAPUR, PATNA- 800001

ROUGHT DRAFT: LAW OF TORTS

TOPIC
ACCORD AND SATISFACTION RESULTING IN DISCHARGE OF
TORT CLAIMS
SUBMITTED BY: SUBMITTED TO:

NAME: SANDEEP SINGH BHANDARI Mrs. SUSHMITA SINGH

ROLL NO: 1968 FACULTY OF LAW OF TORTS

SEMESTER: FIRST
 INTRODUCTION

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 the
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 of the elements of a valid contract.
An accord and satisfaction contemplates an agreement between
parties to give and accept something different from that
claimed by virtue of the original obligation. Both the giving and
acceptance constitutes the essential elements on an accord. The
validity of such an agreement is dependent upon the same basic
factors and principles that govern contracts generally. An
accord and satisfaction results when the parties mutually
intend to effect a settlement of an existing dispute by entering
into a superseding agreement, and there is actual performance
in accordance with the new agreement.
An accord and satisfaction is a contract and thus requires a
meeting of the minds of the two parties before it is valid and
binding. Accord and satisfaction occurs where the parties, “by a
subsequent agreement, have satisfied the former agreement,
and the latter agreement has been executed.”

AIMS AND OBJECTIVES

1. The researcher intends to analyse about the different
methods of discharge of torts.
2. The researcher wants to understand the basic concept of
accord and satisfaction.
3. The researcher intends to analyse about how accord and
satisfaction leads to discharge of torts.
4. The researcher intends to highlight the cases related to
this.

RESEARCH METHODOLOGY
The researcher will be relying upon doctrinal method of
research to complete the project at hand.

SOURCE OF DATA
The researcher will be going through both books and content
from the Internet.

TENTATIVE CHAPTERIZATION
 Accord and Satisfaction – General Nature and
Essentials
o Distinction from Novation or Substituted Contract
o Distinction from Payment or Release
o Subject Matter
o Distinction between Liquidated and Unliquidated
Claims
 Parties
o Agent
o One of Several Joint Debtors, Creditors, or Tort
feasors
o Creditor and Third Person
 Formation of Contract: Offer and Acceptance
o Debtor’s Offer
o Creditor’s Acceptance
 o Uniform Commercial Code
 Consideration
o Sufficiency
o Part Payment – Liquidated and Undisputed
Claims
o Judgments
 Execution of Accord
o Necessity of Execution Where Accord
Involves Something Other Than Payment in
Money
o Acceptance of Promise as Satisfaction of
Original Obligation
 Effect of Accord and Satisfaction; Executory Accord
o Where Executory Accord is breached
 Pleading and Proof
o Burden of Proof; Presumption
o Admissible Evidence
o Questions for Jury

BIBLIOGRAPHY
Websites

 www.barstandardsboard.org.uk
 www.hearsay.org.au
 www.wikipedia.com
 https://www.stimmel-law.com/en/articles/accord-and-
satisfaction-basics
BOOKS

 Law of TORTS : Dr R.K Bangia