Accord and satisfaction is a method of discharging a claim whereby the parties agree to give and accept something in settlement of the claim and perform the agreement. Accord is the agreement and satisfaction is its execution or performance.
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.
A settlement in which one party promises to forego an undisputed, liquidated claim in exchange for a promise to perform, or the performance of, a pre-existing duty will not be held to be enforceable by many courts, because of the absence of consideration. However, the promise to perform, or the performance of, anything slightly different from the pre-existing duty is sufficient consideration to support a promise to forego the claim. When a claim is disputed in good faith, or when an undisputed claim is unliquidated (the amount owed has not been determined), a settlement of such a claim is clearly enforceable.
San Antonio, Texas Agreement for Accord and Satisfaction of an Undisputed Hospital Claim is a legal document used to settle a hospital claim in the city of San Antonio, Texas. This agreement is specifically designed for cases where there is no dispute about the outstanding hospital charges and aims to provide a mutually agreed resolution between the hospital and the patient. Keywords: San Antonio, Texas, Agreement, Accord and Satisfaction, Undisputed Hospital Claim. Different types of San Antonio, Texas Agreement for Accord and Satisfaction of an Undisputed Hospital Claim could include: 1. Individual Patient Agreement: This type of agreement is used when an individual patient agrees to pay or resolve the outstanding bill with the hospital. 2. Insurance Agreement: In cases where an insurance company is involved, this type of agreement is prepared to settle the claim between the hospital and the insurance provider. 3. Corporate Agreement: When a corporate entity is responsible for the hospital claim, this agreement is used to establish the terms of resolution between the hospital and the concerned corporation. 4. Government Agencies Agreement: In situations where a government agency is responsible for the hospital claim, this agreement outlines the terms of settlement between the hospital and the respective government entity. The San Antonio, Texas Agreement for Accord and Satisfaction of an Undisputed Hospital Claim typically covers the following important aspects: 1. Identification of Parties: This section includes the names and contact details of both the hospital and the party responsible for the outstanding hospital claim. 2. Claim Details: Specifics regarding the nature of the claim, including the dates of service, treatment received, and the total amount owed, are outlined in this section. 3. Payment Terms: The agreement stipulates the agreed-upon payment terms, including the amount to be paid, any applicable interest, and the payment schedule. 4. Release and Discharge: The agreement includes a release clause, stating that upon payment or satisfaction of the agreed amount, the hospital releases the responsible party from any further liability related to the claim. 5. Governing Law: The document specifies that it is governed by the laws of the state of Texas and any legal proceedings shall take place within San Antonio, Texas. It is important to note that these are general descriptions and the exact content and format of the agreement may vary depending on the specific circumstances and requirements of the hospital and the responsible party.San Antonio, Texas Agreement for Accord and Satisfaction of an Undisputed Hospital Claim is a legal document used to settle a hospital claim in the city of San Antonio, Texas. This agreement is specifically designed for cases where there is no dispute about the outstanding hospital charges and aims to provide a mutually agreed resolution between the hospital and the patient. Keywords: San Antonio, Texas, Agreement, Accord and Satisfaction, Undisputed Hospital Claim. Different types of San Antonio, Texas Agreement for Accord and Satisfaction of an Undisputed Hospital Claim could include: 1. Individual Patient Agreement: This type of agreement is used when an individual patient agrees to pay or resolve the outstanding bill with the hospital. 2. Insurance Agreement: In cases where an insurance company is involved, this type of agreement is prepared to settle the claim between the hospital and the insurance provider. 3. Corporate Agreement: When a corporate entity is responsible for the hospital claim, this agreement is used to establish the terms of resolution between the hospital and the concerned corporation. 4. Government Agencies Agreement: In situations where a government agency is responsible for the hospital claim, this agreement outlines the terms of settlement between the hospital and the respective government entity. The San Antonio, Texas Agreement for Accord and Satisfaction of an Undisputed Hospital Claim typically covers the following important aspects: 1. Identification of Parties: This section includes the names and contact details of both the hospital and the party responsible for the outstanding hospital claim. 2. Claim Details: Specifics regarding the nature of the claim, including the dates of service, treatment received, and the total amount owed, are outlined in this section. 3. Payment Terms: The agreement stipulates the agreed-upon payment terms, including the amount to be paid, any applicable interest, and the payment schedule. 4. Release and Discharge: The agreement includes a release clause, stating that upon payment or satisfaction of the agreed amount, the hospital releases the responsible party from any further liability related to the claim. 5. Governing Law: The document specifies that it is governed by the laws of the state of Texas and any legal proceedings shall take place within San Antonio, Texas. It is important to note that these are general descriptions and the exact content and format of the agreement may vary depending on the specific circumstances and requirements of the hospital and the responsible party.
