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.
Montana Notice Accompanying Check Tendered in Settlement of Disputed Claim: The Montana Notice Accompanying Check Tendered in Settlement of Disputed Claim is a formal document used to resolve disputes between two parties in the state of Montana. It serves as a notification that a settlement check is being provided as a resolution to the claim in question. The notice provides crucial information and highlights the terms and conditions of the settlement. Keywords: Montana, notice, check, tendered, settlement, disputed claim. Types of Montana Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. General Montana Notice Accompanying Check: This notice is used for standard disputed claims settlements in Montana. It outlines the basic information regarding the dispute, settlement amount, and terms of the agreement. 2. Montana Notice Accompanying Check for Personal Injury Claims: Specifically designed for personal injury claims, this notice includes additional details such as medical expenses, loss of wages, and other compensatory measures agreed upon in the settlement. 3. Montana Notice Accompanying Check for Property Damage Claims: Tailored for disputes related to property damage, this notice includes information about the extent of the damage, repair costs, and any necessary reimbursements agreed upon between the parties. 4. Montana Notice Accompanying Check for Employment-related Claims: This type of notice is used when settling employment-related disputes in Montana. It may include provisions regarding back pay, severance, or other relevant settlements specific to the employment relationship. 5. Montana Notice Accompanying Check for Financial Disputes: This notice is utilized for financial disputes, such as unpaid debts, loans, or contractual breaches. It outlines the settlement amount, terms of repayment, interest rates, and any concessions made by either party. 6. Montana Notice Accompanying Check for Insurance Claims: When resolving insurance-related disputes, this notice provides details about the coverage, claim amount, deductibles, and any adjustments made by the insurance company to settle the claim. It is important to note that the specific contents and format of the notice may vary depending on the nature of the claim and the preferences of the parties involved. Seeking legal advice or consulting relevant laws and regulations is always recommended ensuring compliance with Montana's legal requirements.
