The accord and satisfaction deal with a debtor’s offer of payment and the creditor’s acceptance of a lower sum than the amount alleged initially by the creditor that the debtor owed. It is a method where a claim is discharged by settlement and subsequent performance of the new agreement. The agreement is the accord, and the agreement’s execution or performance is the satisfaction.
The consideration given in the contract of accord is less than the amount mentioned in the original contract. The value which is given in return for a promise of performance is the consideration. Consideration includes two elements: a bargain for exchange between the contracting parties and a legally valuable deal.
When a sure thing is bargained in exchange for a promise, it must be legally sufficient. For instance, the promise can be a return promise, like not to file bankruptcy or provide security concerning the new obligation. When performance is considered, the commission must be an act or forbearance. Whether it is a promise or a commission, both should be legally detrimental to the security or beneficial to the promisor. Legally damaging does not necessarily mean economically damaging.
UCC and Accord and Satisfaction
According to the Uniform Commercial Code Article 3-311, when an individual against whom a claim is filed as mentioned below:
That such individual has supplied the claimant an instrument in good faith as to the full fulfilment of the claim;
The sum demanded has not been liquidated or is not the subject of a legitimate dispute;
The claimant has also been successful in obtaining payment of the instrument.
The individual against whom the claim is asserted must then prove that the instrument or written communication accompanied by the claim contained a conspicuous statement, and that such a prominent statement had the effect of completely satisfying the claim.
However, there is no discharge of the claim if,
In the event of an organisation, the claimant has demonstrated that he sent a noticeable statement to the individual against whom the claim was brought within a reasonable time period prior to the tender. Communications connected to disputed debts, as well as an instrument tendered as satisfaction for such obligations, were among the most prominent pieces of information. These declarations were supposed to be sent to a specific person or an office if that person or office had not received such an instrument.
Other than an organisation, the claimant must show that he tendered the return of the money related to the mechanism to the individual against whom the claim was asserted within ninety days of the instrument’s payment.
Benefits of Accord and Satisfaction
When, for a particular reason, the contract’s original terms cannot be complied with by the parties to the agreement, accord and satisfaction are used as a form of compromise by benefiting such parties. Some payment of the debt is still received by the creditor even after the agreement and satisfaction have reached for discharging the debt. Thereby, the debtor is benefited by not being held for the entire obligation.
Accord and satisfaction applies to everyday life and corporate finance. For instance, a contractor is hired by a house owner for renovating their kitchen for thirty thousand dollars. Twelve thousand dollars is required as a down payment of the contract, and ten thousand dollars is to be paid during the renovation process. The remaining eight thousand dollars is to be paid after the renovation is completed. Upon finding the renovation work shoddy, the remaining amount is denied to be paid by the owner.
Therefore, accord and satisfaction process can be considered where the owner agrees to pay three thousand dollars. The owner gets a discounted amount on the renovation process due to the shoddy work of the contractor. Avoiding to be sued by the owner, the contractor pays the remaining five thousand dollars by giving up the right to sue him for eight thousand dollars by the owner.
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