Broward Florida Agreement for Accord and Satisfaction with Amount of Claim Undetermined

State:
Multi-State
County:
Broward
Control #:
US-0142BG
Format:
Word; 
Rich Text
Instant download

Description

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 (deemed satisfied). 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. This agreement shows a situation where the total amount of the claim cannot be determined because of the insufficiency or inadequacy of the records of both parties.

How to fill out Agreement For Accord And Satisfaction With Amount Of Claim Undetermined?

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FAQ

To plead Accord and Satisfaction as an affirmative defense in Broward, Florida, you must clearly present the existence of a previous agreement that has resolved the claimed issue. First, establish that both parties agreed to an alternative arrangement, and this arrangement resolves the matter at hand. Demonstrate that you've performed your part of the agreement, thus satisfying the original claim. Using the Broward Florida Agreement for Accord and Satisfaction with Amount of Claim Undetermined can further streamline your defense process by providing a formalized framework.

For an entity to use the accord and satisfaction defense in the courts, it must generally prove the following: That there is an agreement between the parties. That there is a dispute between the parties. Evidence of the fact that the parties intentionally agreed to solve an existing obligation with a lesser payment.

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

An accord and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim. Accord and satisfaction is also used to settle legal claims prior to bringing them to court.

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

A common way that accord and satisfaction is used is to satisfy a debt that a debtor cannot afford with a smaller payment. Sometimes a creditor will agree to accept a percentage of a debt in order to have the original contract fulfilled and the dispute handled.

Discharge of contract means termination of the contractual relationship between the parties. A contract is said to be discharged when it ceases to operate, i.e., when the rights and obligations created by it come to an end.

Accord and Satisfaction Elements: There is a duty arising either from a tort or from a contract that is partially executed; that is, it has been performed by one of the parties.The parties enter into a contract that discharges the duty of the debtor. The debtor agrees to give the creditor some performance (or promise).

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.

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.

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Broward Florida Agreement for Accord and Satisfaction with Amount of Claim Undetermined