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Agreement for Accord and Satisfaction with Amount of Claim...

Suffolk New York Agreement for Accord and Satisfaction with Amount of Claim Undetermined

Name: Suffolk New York Agreement for Accord and Satisfaction with Amount of Claim Undetermined
Brand: US Legal Forms
Rating: 4.61 (314 reviews)

Category:

Contracts - Accords and Satisfaction

State:

Multi-State

County:

Suffolk

Control #:

US-0142BG

Format:

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.

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FAQ

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.

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.

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.

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).

Key Takeaways. An accord and satisfaction is a new agreement that suspends the terms of an existing agreement in favor of a new one. The accord is the agreement on the new terms of the contract, and the satisfaction is the performance of those terms according to the agreement.

A satisfaction clause is a provision in a contract that makes one party's performance conditional on his or her satisfaction as to the other party's performance or as to the status of something involved in the contract.

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.

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

The definition of accord is to come to a compromise or agreement. An example of coming to an accord is the signing of a peace treaty between two countries. Accord means by choice. An example of the usage of this colloquialism is: No one asked me to do so, but I cleaned the entire house on my own accord.

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In the case herein appealed, County of Suffolk v. A This question, addressed in the following.2.8 Enrollee Transition Plan; 2. Items 1 - 11 — Surrogate, Suffolk County. (Materials furnished from Suffolk County Surrogate's Court,. It usually presupposes the existence of a prior contract and a legitimate dispute over the amount owed. Agreement"). .56 Estimating the Value of Mass Tort Claims 397 . Johnson took a paralegal studies program at UMUC and thought that he had a way to reduce his debt. Applying Public Nuisance and MarketShare Liability Theories, was published in the.

Suffolk New York Agreement for Accord and Satisfaction with Amount of Claim Undetermined

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