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.
A Hawaii Notice Accompanying Check Tendered in Settlement of Disputed Claim is a formal communication that is sent along with a check to resolve a contested claim in the state of Hawaii. This notice outlines important details pertaining to the settlement agreement and ensures that all parties involved are adequately informed about the transaction. Key elements typically included in a Hawaii Notice Accompanying Check Tendered in Settlement of Disputed Claim may include: 1. Claimant and Defendant Information: The notice should clearly identify both the claimant (the party making the claim) and the defendant (the party against whom the claim was filed). This information helps to establish the context of the claim and ensure that the correct individuals or entities are in receipt of the notice. 2. Case or Claim Reference: A reference to the specific case or claim number should be provided to enable easy identification and documentation of the dispute. This reference helps to ensure that the check and the accompanying notice are associated with the correct claim and avoids any confusion or mix-ups. 3. Settlement Agreement Details: The notice should clearly outline the terms and conditions of the settlement agreement reached between the parties. This may include information such as the agreed-upon settlement amount, the allocation of responsibilities, and any other relevant terms that were agreed upon during negotiations. 4. Payment Information: The notice will include details regarding the attached check that is being tendered as part of the settlement. This information may cover the check amount, the name of the issuing bank, and any specific instructions for cashing or depositing the check. 5. Release and Discharge Language: To ensure that the settlement brings a final resolution to the claim, a release and discharge statement will usually be included. This statement confirms that upon acceptance and negotiation of the check, the claimant agrees to release and discharge the defendant from any further liability or claims related to the dispute. The Hawaii Notice Accompanying Check Tendered in Settlement of Disputed Claim can vary depending on the specific nature of the claim or the circumstances of the dispute. Some possible types or variations of this notice may include: — Personal Injury Claim Settlement Notice: This type of notice would be used when reaching a settlement in a personal injury claim, providing details specific to the injuries sustained and the compensation awarded. — Property Damage Claim Settlement Notice: This notice would be used to settle disputes related to property damage claims, providing information on the assessment of damages and the agreed-upon settlement amount. — Contract Dispute Settlement Notice: Used for resolving contractual disagreements, this notice would outline the specific breach of contract and the terms of the settlement agreement. — Employment Dispute Settlement Notice: When settling employment-related claims such as wrongful termination or discrimination, this notice would address the specific issues involved and the terms of resolution. — Insurance Claim Settlement Notice: Used in cases involving insurance claims, this notice would outline the coverage, the negotiation process, and the final settlement. Overall, a Hawaii Notice Accompanying Check Tendered in Settlement of Disputed Claim serves as a comprehensive document that aims to provide transparency, clarity, and a formal resolution to the disputed matter.
