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 New York Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legally binding document that serves as an accompanying notice alongside a check offered to resolve a disagreement or disputed claim in the state of New York. This notice is an essential part of the settlement process, providing important information and outlining key terms and conditions agreed upon between the parties involved. The primary purpose of the New York Notice Accompanying Check Tendered in Settlement of Disputed Claim is to communicate the intention of the paying party to settle the dispute through monetary compensation. It substantiates the payment made and acts as a legal record of the settlement agreement, ensuring both parties are in mutual understanding of the terms and conditions. The content of this notice typically includes the following elements: 1. Heading: The title should clearly state "New York Notice Accompanying Check Tendered in Settlement of Disputed Claim." 2. Identification of Parties: The notice should identify the parties involved in the dispute, including their legal names, addresses, and contact information. 3. Background Information: A brief description of the nature of the dispute, including relevant dates and incidents leading to the resolution attempt. 4. Settlement Amount: The specific monetary amount offered to settle the dispute should be clearly mentioned, both in numerals and words, to avoid any ambiguity. 5. Acceptance and Release: A clause stating that the acceptance of the tendered check constitutes a full and final settlement of the disputed claim, releasing the paying party from any further obligations or liabilities related to the dispute. 6. Governing Law: A statement indicating that the notice and the settlement are governed by the laws of the state of New York. 7. Confidentiality: If applicable, a clause addressing the confidentiality or non-disclosure of the terms of the settlement and the dispute itself. 8. Contact Information: Contact details of the paying party's representative, including their name, position, mailing address, phone number, and email address for future correspondence. Types of New York Notice Accompanying Check Tendered in Settlement of Disputed Claim may include: 1. Personal Injury Claim Notice: Used to settle disputes arising from personal injury accidents, such as car accidents or slip and fall cases. 2. Employment Dispute Notice: Employers may utilize this type of notice to resolve disputes with employees, including wage disputes, discrimination claims, or wrongful termination allegations. 3. Business Contract Dispute Notice: When two businesses are involved in a contract dispute, this notice can be used to settle financial disagreements, breach of contract claims, or disagreements over performance. 4. Property Damage Claim Notice: This notice aims to resolve disputes related to property damage, such as insurance claims, construction defects, or landlord-tenant conflicts. In summary, a New York Notice Accompanying Check Tendered in Settlement of Disputed Claim is a crucial document that facilitates the resolution of disputes through monetary compensation. It ensures both parties are aware of the terms and conditions of the settlement, paving the way for a final resolution of the disagreement.A New York Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legally binding document that serves as an accompanying notice alongside a check offered to resolve a disagreement or disputed claim in the state of New York. This notice is an essential part of the settlement process, providing important information and outlining key terms and conditions agreed upon between the parties involved. The primary purpose of the New York Notice Accompanying Check Tendered in Settlement of Disputed Claim is to communicate the intention of the paying party to settle the dispute through monetary compensation. It substantiates the payment made and acts as a legal record of the settlement agreement, ensuring both parties are in mutual understanding of the terms and conditions. The content of this notice typically includes the following elements: 1. Heading: The title should clearly state "New York Notice Accompanying Check Tendered in Settlement of Disputed Claim." 2. Identification of Parties: The notice should identify the parties involved in the dispute, including their legal names, addresses, and contact information. 3. Background Information: A brief description of the nature of the dispute, including relevant dates and incidents leading to the resolution attempt. 4. Settlement Amount: The specific monetary amount offered to settle the dispute should be clearly mentioned, both in numerals and words, to avoid any ambiguity. 5. Acceptance and Release: A clause stating that the acceptance of the tendered check constitutes a full and final settlement of the disputed claim, releasing the paying party from any further obligations or liabilities related to the dispute. 6. Governing Law: A statement indicating that the notice and the settlement are governed by the laws of the state of New York. 7. Confidentiality: If applicable, a clause addressing the confidentiality or non-disclosure of the terms of the settlement and the dispute itself. 8. Contact Information: Contact details of the paying party's representative, including their name, position, mailing address, phone number, and email address for future correspondence. Types of New York Notice Accompanying Check Tendered in Settlement of Disputed Claim may include: 1. Personal Injury Claim Notice: Used to settle disputes arising from personal injury accidents, such as car accidents or slip and fall cases. 2. Employment Dispute Notice: Employers may utilize this type of notice to resolve disputes with employees, including wage disputes, discrimination claims, or wrongful termination allegations. 3. Business Contract Dispute Notice: When two businesses are involved in a contract dispute, this notice can be used to settle financial disagreements, breach of contract claims, or disagreements over performance. 4. Property Damage Claim Notice: This notice aims to resolve disputes related to property damage, such as insurance claims, construction defects, or landlord-tenant conflicts. In summary, a New York Notice Accompanying Check Tendered in Settlement of Disputed Claim is a crucial document that facilitates the resolution of disputes through monetary compensation. It ensures both parties are aware of the terms and conditions of the settlement, paving the way for a final resolution of the disagreement.
