Wyoming Agreement for Accord and Satisfaction - Disputed Claim for Personal Injuries or Property Damage

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Multi-State
Control #:
US-1340781BG
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Word; 
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Description

An accord and satisfaction is a method of discharging a contract, or settling a cause of action arising either from a contract or a civil wrong (tort), by substituting for the contract or 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.
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FAQ

The defense of Accord and Satisfaction serves as a legal argument in disputes involving the Wyoming Agreement for Accord and Satisfaction - Disputed Claim for Personal Injuries or Property Damage. This defense asserts that an agreement made by both parties has settled the dispute, thereby barring further claims. By demonstrating that the conditions for Accord and Satisfaction were met, one party can prevent the other from claiming additional damages.

Accord and satisfaction deals with a debtors offer of payment and a creditors acceptance. of a lesser amount than the creditor originally purported to be owed. It is a method of discharging a claim by settlement of the claim and performing the agreement.

554, 561 (2001), for the rule that three elements must exist for there to be an accord 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

Definition. An agreement (accord) between two contracting parties to accept alternate performance to discharge a preexisting duty between them and the subsequent performance (satisfaction) of that agreement.

The Doctrine of Accord and Satisfaction (Doctrine) means discharge of one's contractual obligations by way of performing substituted obligations. It is a mode of one's discharge from its contractual obligations wherein parties to a contract perform a new set of obligations in substitution of older contractual terms.

Usually, accord and satisfaction deals with a debtor's offer of payment and a creditor's acceptance of a lesser amount than the creditor originally claimed to be owed. It is a method of discharging a claim by settlement of the claim and performing the new agreement.

Accord 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.

Under most state law, a valid accord and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.

Definition. An agreement (accord) between two contracting parties to accept alternate performance to discharge a preexisting duty between them and the subsequent performance (satisfaction) of that agreement.

If the obligation or service that was agreed upon in the accord is rendered, then the agreement is considered satisfied. In the case previously mentioned, if Bob does, in fact, give Sally the vehicle in place of the $600 he owed her, he has satisfied the accord.

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Wyoming Agreement for Accord and Satisfaction - Disputed Claim for Personal Injuries or Property Damage