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.
Where a claim is disputed, and where the creditor fails to reject a check for a lesser amount remitted to the creditor by the debtor on the clear condition that it be accepted in full satisfaction, the acceptance on the part of the creditor amounts to an accord and satisfaction of the creditor's larger claim. No particular language is required to be used by a debtor in making a tender of a check in full settlement of a claim against the debtor, so long as the tender clearly indicates that acceptance by the creditor of the amount offered must be in full satisfaction of the claim.
The following form is a sample of a notice accompanying a check tendered in settlement of a claim that is in dispute.
Georgia Notice Accompanying Check Tendered in Settlement of Disputed Claim: A Comprehensive Guide In Georgia, when parties involved in a disputed claim choose to settle the matter through payment, it is common for the party issuing the settlement check to accompany it with a Notice. This Notice accompanies the check and outlines the specific terms of the settlement, providing clarity and legal documentation of the agreement reached. Keywords: Georgia, Notice Accompanying Check, Tendered, Settlement, Disputed Claim, Legal Documentation, Terms, Agreement Types of Georgia Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Georgia Notice Accompanying Check Tendered in Settlement of Property Damage Claim: This type of Notice is commonly used when individuals or businesses settle property damage claims resulting from accidents or negligence. It includes details regarding the settlement amount, parties involved, and instructions on how to proceed. 2. Georgia Notice Accompanying Check Tendered in Settlement of Personal Injury Claim: When personal injury disputes are resolved through payment, a Notice is involved to document the settlement. This Notice includes information about the injury, settlement amount, release of liability, and any other relevant terms of the agreement. 3. Georgia Notice Accompanying Check Tendered in Settlement of Contractual Dispute: In cases where contractual disputes arise between parties, a Notice is often attached to the settlement check. This Notice outlines the terms of the settlement, including contract modifications, revised obligations, or compensatory payments to resolve the dispute. 4. Georgia Notice Accompanying Check Tendered in Settlement of Employment Dispute: Employment-related disputes can be settled through monetary compensation, and a Notice is an essential component of the settlement process. This Notice highlights the reasons for the dispute, any concessions made by either party, and the resolved terms to conclude the matter. 5. Georgia Notice Accompanying Check Tendered in Settlement of Insurance Claim: Insurers often issue settlement checks along with a Notice to address disputed insurance claims. This type of Notice specifies the nature of the claim, the agreed-upon settlement amount, and any relevant conditions regarding the coverage moving forward. 6. Georgia Notice Accompanying Check Tendered in Settlement of Business Dispute: Business-related disputes, such as breaches of contracts or disagreements between companies, can be resolved through settlements. A Notice accompanying the settlement check in such cases specifies the resolved terms, any future business arrangements, and the release of any obligations. It's important to note that these examples are not exhaustive, as various types of claims and disputes may require their own specific Notices. Parties involved in disputes should consult legal professionals or relevant authorities to ensure compliance with applicable laws and regulations. Remember, the Notice accompanying a settlement check in Georgia serves as legal documentation of the agreement reached, providing parties with the necessary clarity and protection throughout the settlement process.
