contract law · defense
Accord and satisfaction involves an agreement (accord) between parties to accept a different performance than originally agreed upon. The satisfaction follows when one party executes the agreed performance, thus discharging the original obligation.
There must be a genuine dispute over the duty owed under the original contract.
What to prove: It must be shown that the parties were in disagreement regarding the terms of performance or the amount owed.
Both parties must mutually agree to new considerations that substitute the original terms.
What to prove: It must be demonstrated that an agreement was reached whereby one party offers a different performance and the other party accepts it.
The party offering the new performance must fulfill their obligations under the new agreement.
What to prove: It must be shown that the party has completed the terms of the accord, thus satisfying the contract.
The party asserting the accord and satisfaction bears the burden, and the standard is typically a preponderance of the evidence.
Focus on the elements and applicability of accord and satisfaction when presented with hypothetical disputes over contract terms. Be prepared to analyze whether the elements are satisfied in a case scenario.