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.
The California Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence is a legal document that serves as a resolution between parties involved in a dispute relating to personal and property damages caused by negligence. This agreement allows the parties to settle the claim without the need for further litigation. Keywords: California Agreement, Accord and Satisfaction, Disputed Claim, Personal Damages, Property Damages, Negligence. There are different types or variations of the California Agreement for Accord and Satisfaction of a Disputed Claim for Negligence, which can include: 1. California Agreement for Accord and Satisfaction of a Disputed Claim for Personal Damages: This type of agreement specifically deals with resolving disputes related to personal injuries caused by negligence. It can cover a wide range of injuries, such as bodily harm, emotional distress, pain and suffering, and medical expenses. 2. California Agreement for Accord and Satisfaction of a Disputed Claim for Property Damages: This type of agreement focuses on settling disputes related to damages caused to property due to negligence. It encompasses various types of property, including vehicles, real estate, personal belongings, or any other form of tangible or intangible property. 3. California Agreement for Accord and Satisfaction of a Disputed Claim for Negligence in a Business Setting: This particular agreement caters to resolving disputes arising in a professional or business context. It may involve instances like product liability, professional negligence, or any other form of negligence that occurs during business operations. 4. California Agreement for Accord and Satisfaction of a Disputed Claim for Negligence in a Public Space: This type of agreement is applicable when negligence leads to personal or property damages in public areas. It includes instances like slip and fall accidents, defective public infrastructure, or any other negligence-related incidents occurring in publicly accessible locations. These variations of the California Agreement for Accord and Satisfaction of a Disputed Claim for Negligence are tailored to address specific circumstances and provide a comprehensive framework for parties to reach a mutually acceptable resolution without the need for court intervention.
