Mississippi Checklist of Matters to be Considered in Drafting an Accord and Satisfaction Agreement
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How to fill out Checklist Of Matters To Be Considered In Drafting An Accord And Satisfaction Agreement?
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FAQ
The is the new agreement between the parties, and the satisfaction is the performance of the obligations under the agreement. An and satisfaction typically involves the payment of money or other consideration in exchange for the resolution of the dispute.
Under most state law, a valid and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.
554, 561 (2001), for the rule that three elements must exist for there to be an ? and satisfaction?: (a) there must be a (good faith) dispute about the existence or extent of liability, (b) after the dispute arises, the parties must enter into an agreement in which one party must agree to pay more than that party ...
Thelma owes Louise $100,000 under a contract. Thelma owns a beach house which she promises to give Louise in settlement of the debt and Louise promises to accept the house in settlement of the debt instead of the $100,000. This new agreement is an .
And satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion.
The key difference between an and satisfaction and a release is that an and satisfaction involves a new agreement between the parties to resolve a dispute, while a release involves the release of liability for a specific claim or set of claims.
To establish the defense or and satisfaction, there must be (1) evidence of a dispute between the parties about what is expected and (2) evidence establishing that the parties specifically and intentionally agreed to discharge the existing obligation by means of a lesser payment tendered and accepted.
As its name suggests, an and satisfaction has two components: (1) the , which is the agreement that a stipulated performance will be accepted in lieu of an existing claim; and (2) the satisfaction, which is the performance of the substituted agreement.
