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.
Louisiana Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document used in the state of Louisiana when a disputed claim is being settled with a check. This notice is mandated by Louisiana law to ensure transparency and inform the party receiving the check about the terms and conditions of the settlement. The notice is typically provided by the party making the payment and is sent along with the settlement check. It serves as a written communication that explains the purpose and details of the settlement, ensuring that both parties are aware of the terms and conditions agreed upon. Keywords: Louisiana, Notice, Check, Tendered, Settlement, Disputed Claim. Different types of Louisiana Notice Accompanying Check Tendered in Settlement of Disputed Claim may include: 1. General Notice: This type of notice is used for settlement of a disputed claim in general, without any specific categorization. 2. Employment-related Notice: This type of notice is used when the disputed claim arises in the context of employment, such as wage disputes, wrongful termination, or discrimination cases. 3. Personal Injury Notice: This type of notice is used when the disputed claim involves personal injury, such as accidents, medical malpractice, or product liability cases. 4. Insurance-related Notice: This type of notice is used when the disputed claim involves an insurance settlement, such as property damage, auto accidents, or disputes over coverage. 5. Contractual Notice: This type of notice is used when the disputed claim arises out of a breach of contract, such as non-payment, faulty services, or failure to deliver goods as agreed. It is important to note that the specific type of Louisiana Notice Accompanying Check Tendered in Settlement of Disputed Claim may vary depending on the nature of the dispute and the applicable laws.Louisiana Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document used in the state of Louisiana when a disputed claim is being settled with a check. This notice is mandated by Louisiana law to ensure transparency and inform the party receiving the check about the terms and conditions of the settlement. The notice is typically provided by the party making the payment and is sent along with the settlement check. It serves as a written communication that explains the purpose and details of the settlement, ensuring that both parties are aware of the terms and conditions agreed upon. Keywords: Louisiana, Notice, Check, Tendered, Settlement, Disputed Claim. Different types of Louisiana Notice Accompanying Check Tendered in Settlement of Disputed Claim may include: 1. General Notice: This type of notice is used for settlement of a disputed claim in general, without any specific categorization. 2. Employment-related Notice: This type of notice is used when the disputed claim arises in the context of employment, such as wage disputes, wrongful termination, or discrimination cases. 3. Personal Injury Notice: This type of notice is used when the disputed claim involves personal injury, such as accidents, medical malpractice, or product liability cases. 4. Insurance-related Notice: This type of notice is used when the disputed claim involves an insurance settlement, such as property damage, auto accidents, or disputes over coverage. 5. Contractual Notice: This type of notice is used when the disputed claim arises out of a breach of contract, such as non-payment, faulty services, or failure to deliver goods as agreed. It is important to note that the specific type of Louisiana Notice Accompanying Check Tendered in Settlement of Disputed Claim may vary depending on the nature of the dispute and the applicable laws.
