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Washington Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence

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US-00437BG
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Description

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.


In order for there to be an accord and satisfaction, there must be

(1) a bona fide dispute;

(2) an agreement to settle the dispute; and

(3) the performance of the agreement.


An example would be settlement of a lawsuit for breach of contract. The parties might settle for less than the amount called for under the contract if the amount is in dispute. An accord and satisfaction is also a method of settling a cause of action arising either from a civil wrong (tort), by substituting for the cause of action an agreement for its satisfaction and the performance of the substituted agreement. The accord is the agreement; the satisfaction is the performance of the agreement.


The Washington Agreement for Accord and Satisfaction of a Disputed Claim is a legal document that outlines the terms and conditions for resolving a disputed claim related to personal and property damages caused by negligence. It provides a method for both parties to come to a mutually acceptable settlement and avoid a lengthy and costly legal battle. Key elements of the Washington Agreement for Accord and Satisfaction include: 1. Parties Involved: The agreement identifies the individuals or entities involved in the dispute, such as the claimant (injured party) and the respondent (alleged negligent party). 2. Description of the Claim: A detailed description of the personal and property damages caused by negligence is provided. This includes information about how the damages occurred, any injuries sustained, and the extent of property loss. 3. Terms of Settlement: The agreement lays out the terms and conditions for the resolution of the dispute. This includes the amount of compensation or damages to be paid, whether in a lump sum or through structured payments. It may also cover reimbursement of medical expenses, property repair costs, lost wages, and any other expenses related to the incident. 4. Release and Waiver: The claimant agrees to release the respondent from any further liability or legal action related to the incident once the settlement is reached. This prevents the claimant from pursuing additional claims for the same damages in the future. 5. Confidentiality: The agreement may include a provision for both parties to maintain the confidentiality of the settlement terms. This ensures that the details of the agreement are not disclosed publicly, protecting the privacy of both parties involved. Different types of Washington Agreements for Accord and Satisfaction of a Disputed Claim for Negligence may include variations based on the specific circumstances of the case. For example, there could be separate agreements for different types of personal damages, such as bodily injuries, emotional distress, or loss of consortium. Similarly, property damages caused by negligence may require different agreements depending on the type of property involved, such as real estate, personal belongings, or vehicles. In conclusion, the Washington Agreement for Accord and Satisfaction of a Disputed Claim provides a structured framework for resolving disputes related to personal and property damages caused by negligence. By outlining the terms and conditions of settlement, this agreement allows both parties to reach a satisfactory resolution while avoiding the need for costly litigation.

The Washington Agreement for Accord and Satisfaction of a Disputed Claim is a legal document that outlines the terms and conditions for resolving a disputed claim related to personal and property damages caused by negligence. It provides a method for both parties to come to a mutually acceptable settlement and avoid a lengthy and costly legal battle. Key elements of the Washington Agreement for Accord and Satisfaction include: 1. Parties Involved: The agreement identifies the individuals or entities involved in the dispute, such as the claimant (injured party) and the respondent (alleged negligent party). 2. Description of the Claim: A detailed description of the personal and property damages caused by negligence is provided. This includes information about how the damages occurred, any injuries sustained, and the extent of property loss. 3. Terms of Settlement: The agreement lays out the terms and conditions for the resolution of the dispute. This includes the amount of compensation or damages to be paid, whether in a lump sum or through structured payments. It may also cover reimbursement of medical expenses, property repair costs, lost wages, and any other expenses related to the incident. 4. Release and Waiver: The claimant agrees to release the respondent from any further liability or legal action related to the incident once the settlement is reached. This prevents the claimant from pursuing additional claims for the same damages in the future. 5. Confidentiality: The agreement may include a provision for both parties to maintain the confidentiality of the settlement terms. This ensures that the details of the agreement are not disclosed publicly, protecting the privacy of both parties involved. Different types of Washington Agreements for Accord and Satisfaction of a Disputed Claim for Negligence may include variations based on the specific circumstances of the case. For example, there could be separate agreements for different types of personal damages, such as bodily injuries, emotional distress, or loss of consortium. Similarly, property damages caused by negligence may require different agreements depending on the type of property involved, such as real estate, personal belongings, or vehicles. In conclusion, the Washington Agreement for Accord and Satisfaction of a Disputed Claim provides a structured framework for resolving disputes related to personal and property damages caused by negligence. By outlining the terms and conditions of settlement, this agreement allows both parties to reach a satisfactory resolution while avoiding the need for costly litigation.

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FAQ

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.

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 ...

1. Debt Settlement: and Satisfaction can be used to settle a debt dispute between a creditor and a debtor. The debtor agrees to pay a lesser amount than the original debt, and the creditor accepts it as full payment, thereby satisfying the debt.

The elements of the affirmative defense of and satisfaction include: (1) an agreement to settle a dispute by compromising claims; (2) consideration that is given in exchange for the promise to settle; (3) intent to extinguish liabilities under the agreement; and (4) fulfillment of obligations under the agreement ...

And satisfaction is normally a matter of state law and is usually defined as an agreement to discharge a claim in which the parties agree to give and accept different performance which is usually less than what is required or owed.

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 doctrine of and Satisfaction is a mode of discharge of contractual obligations as opposed to Waiver of Contractual Rights which only covers the liberty of a person to let go of certain obligations irrespective of the fact whether the remaining obligations have been fulfilled or not.

In order to constitute a valid and satisfaction, there must have existed a valid dispute between the parties. An and satisfaction is a contract and, as such, all of the requisite elements of a contract must be present.

More info

(d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was ... How to fill out Disputed Claim Statement? Aren't you sick and tired of choosing ... Disputed Claim (i.e., Personal and Property Damages) for Negligence? US ...... Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence. View Agreement for Accord and Satisfaction of a ... An accord and satisfaction is a substitute contract for settlement of a debt by some alternative other than full payment. The consideration for an accord is ... by H Shepherd · 1934 — It is doubtful if the court here really intended to announce a rule that only unliquidated or disputed claims could be the sub3ect of accord and satisfaction. 6 days ago — 406, 429 (2003). To prevail on a claim for negligent ... (5) that the plaintiff suffered damages proximately caused by the defendant's negligence. ... property damage to the structure caused by the negligence of the home builder. ... the defendant's refusal or neglect to complete the sale). If you find that any ... The court granted the motion "on grounds that under Washington law, defendant Allstate Insurance Company engaged in the unauthorized, negligent practice of law ... by MP GERGEN · Cited by 57 — Self-help remedies are of obvious practical significance in their own right. As for theory, the academic obsession with the damage remedy and neglect of self- ... Loss due to negligence includes damages or losses incurred when the proximate cause of the damage to or loss of property was the negligent act or omission ...

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Washington Agreement for Accord and Satisfaction of a Disputed Claim (i.e., Personal and Property Damages) for Negligence