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 Rhode Island Agreement for Accord and Satisfaction of an Undisputed Hospital Claim is a legal document that outlines the resolution and settlement of a hospital claim in the state of Rhode Island. This agreement is used when there is an undisputed claim between the hospital and the party responsible for payment or insurance coverage. The purpose of this agreement is to provide a mechanism for both the hospital and the responsible party to come to a mutually acceptable resolution and consider the claim settled. It aims to avoid the need for litigation or further disputes over the claim. The agreement typically begins with a preamble that includes the names and contact information of both parties involved. It may also include the date and a brief statement acknowledging the existence of the undisputed claim. The following sections of the agreement generally specify the terms and conditions agreed upon by the hospital and the responsible party. These terms usually include: 1. Payment Amount: This section specifies the total amount agreed upon for the settlement of the claim. It may detail whether the payment will be made in a lump sum or through an agreed-upon installment plan. 2. Payment Method: This section outlines the preferred method of payment, such as a check, electronic funds transfer, or credit card. 3. Release and Discharge: Here, the agreement stipulates that upon receipt of the agreed-upon payment, the hospital releases and discharges the responsible party from any further obligations regarding the claim. This means that the hospital cannot pursue any further legal action for the same claim against the responsible party. 4. Confidentiality: This section may include provisions for confidentiality, outlining that the terms of the agreement and any related negotiations should remain confidential between the parties involved. 5. Governing Law: In Rhode Island, the agreement may stipulate that it is governed by Rhode Island law, ensuring that any disputes arising from the agreement will be resolved within the state. Different types of Rhode Island Agreement for Accord and Satisfaction of an Undisputed Hospital Claim may exist based on specific circumstances, such as the nature of the claim, the amount in dispute, or the parties involved. However, since the prompt specifically mentions an undisputed claim, it suggests that this particular form of agreement is for cases where there is no disagreement on the liability of the responsible party or the validity of the claim. It is crucial to consult with legal professionals or experts familiar with Rhode Island laws and regulations when drafting or reviewing such agreements to ensure compliance and accurate representation of the parties' intentions.
