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 South Carolina Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document that provides important information about the payment being issued to resolve a dispute or claim. This notice serves as a formal notification to the recipient that a check is attached as a settlement. Keywords: South Carolina, notice, check, tendered, settlement, disputed claim. In South Carolina, there might be different types of notices accompanying checks tendered in settlement of disputed claims, including: 1. Standard South Carolina Notice: This is the typical notice that accompanies a check when resolving a disputed claim in the state of South Carolina. It contains essential information required by law in the settlement process. 2. South Carolina Notice of Final Settlement: This type of notice is used when the settlement being tendered is meant to resolve the dispute once and for all. It signifies the end of any future claims or litigation related to the specific matter. 3. South Carolina Notice of Partial Settlement: If a disputed claim is being settled in multiple stages, this notice accompanies the partial payment being issued. It informs the recipient about the partial settlement agreement and outlines the remaining steps or payments required to fully resolve the dispute. 4. South Carolina Notice of Conditional Settlement: In certain cases where a settlement is subject to specific conditions or terms, this notice explains those requirements to the recipient. It ensures transparency and clarity regarding the conditions that must be met for the settlement to be final and binding. 5. South Carolina Notice of Settlement Offer: This type of notice is sent before the actual settlement check is tendered. It serves as a formal offer to resolve the disputed claim and includes the proposed terms and amount of settlement. This notice gives the recipient an opportunity to review and respond to the settlement offer before accepting or negotiating further. The use of these different notices enables parties involved in a disputed claim to communicate effectively and maintain transparency during the settlement process in South Carolina. It ensures that all necessary information is provided and understood, and serves to protect the rights of both parties involved.
