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.
Tennessee Notice Accompanying Check Tendered in Settlement of Disputed Claim is an important legal document used in the state of Tennessee when resolving a disputed claim between parties. This notice serves as a formal communication and provides crucial information to the recipient regarding the settlement offer being made through a check. When drafting a Tennessee Notice Accompanying Check Tendered in Settlement of Disputed Claim, it is essential to include various key details. These may include: 1. Identification and Contact Information: The notice should begin with the identification of the parties involved in the dispute, including their names, addresses, and contact information. This ensures that the recipient recognizes and can easily communicate with the sender. 2. Disputed Claim Details: The notice should clearly outline the nature of the disputed claim, including relevant dates, circumstances, and any supporting documentation. This information helps provide context for the settlement offer being made. 3. Terms of Settlement Offer: The notice should specify the proposed settlement offer being made by the sender of the check. This should include the amount being offered, any conditions or stipulations associated with the settlement, and the desired resolution of the dispute. Clear and concise language should be used to avoid any confusion. 4. Deadline for Acceptance or Rejection: It is crucial to include a deadline by which the recipient must accept or reject the settlement offer. This deadline allows both parties to move forward promptly and either reach a resolution or pursue alternative legal actions. 5. Statement of Release and Waiver: The notice should contain a statement that, upon acceptance of the settlement offer and cashing of the accompanying check, the recipient agrees to release the sender from any further claims or liabilities related to the disputed matter. This protects the sender from future legal actions regarding the same issue. Different types of Tennessee Notice Accompanying Check Tendered in Settlement of Disputed Claim may exist based on the specific nature of the dispute. Some common variations may include: 1. Tennessee Employment Dispute Settlement Notice: This type of notice is used when settling employment-related disputes, such as wrongful termination, discrimination, or wage disputes. 2. Tennessee Personal Injury Settlement Notice: This type of notice is used when resolving a personal injury claim, including automobile accidents, premises liability, or medical malpractice cases. 3. Tennessee Property Damage Settlement Notice: This notice is employed when settling disputes involving property damage, including insurance claims, construction disputes, or landlord-tenant disagreements. 4. Tennessee Contractual Dispute Settlement Notice: This type of notice is utilized when resolving contractual disputes, such as breach of contract or failure to deliver goods or services as agreed. By incorporating the relevant keywords in the description, such as "Tennessee," "notice," "check," "settlement," "disputed claim," and specific dispute types, this content becomes optimized for search engines and helps relevant audiences find information related to Tennessee Notice Accompanying Check Tendered in Settlement of Disputed Claim.
