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.
Kentucky Notice Accompanying Check Tendered in Settlement of Disputed Claim is a formal document that serves as a notification accompanying a check offered to settle a disputed claim in the state of Kentucky. This notice is particularly important in legal proceedings, ensuring transparency and proper communication between parties involved in the settlement process. Keywords: Kentucky, Notice, Accompanying, Check, Tendered, Settlement, Disputed Claim Types of Kentucky Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Standard Kentucky Notice: The standard Kentucky Notice Accompanying Check Tendered in Settlement of Disputed Claim is a commonly used form that outlines the settlement details and provides notice to the recipient that a check is being tendered as resolution for the disputed claim. 2. Conditional Kentucky Notice: In some cases, a conditional Kentucky Notice may be utilized when the settlement offer is contingent upon specific terms or conditions being met. This notice specifies the conditions that must be satisfied before the settlement is considered final. 3. Compromise Kentucky Notice: A compromise Kentucky Notice may be drafted when the parties involved agree to resolve the disputed claim through a compromise settlement. This type of notice outlines the terms of the compromise and the corresponding settlement check. 4. Full and Final Release Kentucky Notice: A Full and Final Release Kentucky Notice is used when the disputed claim is settled, and the recipient must release all claims against the other party involved. This notice highlights that acceptance of the settlement check constitutes a release of any further liability related to the claim. 5. Pro Rata Kentucky Notice: In situations where there are multiple parties involved in the disputed claim, a Pro Rata Kentucky Notice may be generated. This notice clarifies the proportionate share of the settlement amount that each party will receive based on their respective claims. 6. Confidentiality Kentucky Notice: A Confidentiality Kentucky Notice is employed when the settling parties agree to keep the terms and details of their settlement confidential. This notice emphasizes the importance of maintaining confidentiality to protect sensitive information related to the disputed claim. It is important to note that the specific type of Kentucky Notice Accompanying Check Tendered in Settlement of Disputed Claim utilized will depend on the nature of the dispute, the settlement terms, and the agreement reached between the parties involved.Kentucky Notice Accompanying Check Tendered in Settlement of Disputed Claim is a formal document that serves as a notification accompanying a check offered to settle a disputed claim in the state of Kentucky. This notice is particularly important in legal proceedings, ensuring transparency and proper communication between parties involved in the settlement process. Keywords: Kentucky, Notice, Accompanying, Check, Tendered, Settlement, Disputed Claim Types of Kentucky Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Standard Kentucky Notice: The standard Kentucky Notice Accompanying Check Tendered in Settlement of Disputed Claim is a commonly used form that outlines the settlement details and provides notice to the recipient that a check is being tendered as resolution for the disputed claim. 2. Conditional Kentucky Notice: In some cases, a conditional Kentucky Notice may be utilized when the settlement offer is contingent upon specific terms or conditions being met. This notice specifies the conditions that must be satisfied before the settlement is considered final. 3. Compromise Kentucky Notice: A compromise Kentucky Notice may be drafted when the parties involved agree to resolve the disputed claim through a compromise settlement. This type of notice outlines the terms of the compromise and the corresponding settlement check. 4. Full and Final Release Kentucky Notice: A Full and Final Release Kentucky Notice is used when the disputed claim is settled, and the recipient must release all claims against the other party involved. This notice highlights that acceptance of the settlement check constitutes a release of any further liability related to the claim. 5. Pro Rata Kentucky Notice: In situations where there are multiple parties involved in the disputed claim, a Pro Rata Kentucky Notice may be generated. This notice clarifies the proportionate share of the settlement amount that each party will receive based on their respective claims. 6. Confidentiality Kentucky Notice: A Confidentiality Kentucky Notice is employed when the settling parties agree to keep the terms and details of their settlement confidential. This notice emphasizes the importance of maintaining confidentiality to protect sensitive information related to the disputed claim. It is important to note that the specific type of Kentucky Notice Accompanying Check Tendered in Settlement of Disputed Claim utilized will depend on the nature of the dispute, the settlement terms, and the agreement reached between the parties involved.
