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Topic: Accord and satisfaction


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In the News (Fri 17 Feb 12)

  
  Diana L. Flannigan (Holyk) - Administrative Offset Decision - HUD
Petitioner contends that the Secretary's negotiation of this check served as an accord and satisfaction of her obligation on this debt.
Accord and satisfaction is, in fact, a contract which must reflect the essential elements of the meeting of the minds of the parties and the giving and receiving of something of value as consideration therefor, contemplated as something less than the amount claimed by a creditor.
If there is not an actual dispute between the parties, there cannot be an accord and satisfaction because if there is no dispute, the accord would not be supported by consideration since the creditor would not be giving anything up in exchange for the payment from the debtor.
www.hud.gov /offices/bca/decisions/dot/flannigan97csev418.cfm   (740 words)

  
 Accord and Satisfaction - Further Readings
Therefore, a person, such as a guardian, acting on behalf of a person incapable of contracting for himself or herself may make an accord and satisfaction for the person committed to his or her charge, but the law may require that the guardian's actions be supervised by a court.
An accord and satisfaction is a contract, and all the essential elements of a contract must be present.
It is used only for disputes between a debtor and a certain number of his or her creditors, while an accord and satisfaction can be used to settle any kind of controversy—whether arising from contract or tort—and ordinarily involves only two parties.
law.jrank.org /pages/3968/Accord-Satisfaction.html   (1084 words)

  
 Tennessee Business Litigation Law Blog: Accord and Satisfaction
The Middle Section Court of Appeals issued a ruling in December that is a textbook lesson in the law of accord and satisfaction.
An accord and satisfaction essentially means that the plaintiff and defendant have already agreed to settle their claims, and that the settlement has been paid off.
Glenn G. Dukes, illustrates the effect of having an accord and satisfaction as an affirmative defense.
www.tnbusinesslitigation.com /29724-print.html   (220 words)

  
 "Accord" Defined
A satisfaction agreed upon between the party injuring and the party injured, which when performed is a bar to all actions upon this account.
An agreement to drop a criminal prosecution as a satisfaction for an assault and imprisonment is void.
It must be advantageous to the contracting party; hence restoring to the plaintiff his chattels, or his land, of which the defendant has wrongfully dispossessed him, will not be any consideration to support a promise by the plaintiff not to sue him for those injuries.
www.lectlaw.com /def/a146.htm   (242 words)

  
 Honda Accord Parts > Car Parts Honda Accord Cars > Honda Accord Parts *The Honda Store
The Accord took this concept to a higher level by offering more room, style and power while still being economical, reliable and easy to park.
Another reason for the Honda Accord's success was the car's generous standard equipment list (for the 1970s, anyway), which included features such as AM/FM stereo radio, and a rear defroster/wiper/washer.
If Honda Accord Parts were damaged during shipping, please save all packaging material and contact us immediately via e-mail at honda-parts@thehondapartsstore.com or call the Honda Parts Store by phone at 301-279-8600.
www.thehondapartsstore.com /discount-honda-parts-honda-accord-parts.htm   (1453 words)

  
 Accord and Satisfaction and Restrictive Endorsements: What is the difference and when should I use it?
Accord and Satisfaction and Restrictive Endorsements: What is the difference and when should I use it?
It may sound confusing but basically a restrictive endorsement creates an accord and satisfaction by creating a contract that is binding between two parties but...
Before using a restrictive endorsement agreement, check with your State Attorney General, or a local attorney to see if this type of agreement is binding in your state and county.
www.carreonandassociates.com /articles/accord-satisfaction-restrictive-endorsement.htm   (386 words)

  
 Owner’s Accord and Satisfaction Defense Fails When the Change Order Proposal Assumed Constant Work Conditions and ...
The owner moved for summary relief, arguing that the claim for an equitable adjustment was barred because when the parties modified the contract, they also had reached an accord and satisfaction.
The BCA explained that generally "when a modification does not contain any reservation of claims, the modification constitutes an accord and satisfaction as to the subject matter of the modification and the contractor cannot later narrow the scope of the modification....
The BCA found that a genuine issue of material fact existed as to whether there was a meeting of the minds (i.e., whether the general contractor actually intended to release its right to seek an equitable adjustment on all future claims).
www.constructionweblinks.com /Resources/Industry_Reports__Newsletters/Nov_22_2004/owne.html   (559 words)

  
 accord and satisfaction Contract Law Legal Dictionary, legal glossary, legal terminology, legal words, legal ...
accord and satisfaction Contract Law Legal Dictionary, legal glossary, legal terminology, legal words, legal abbreviations, legal jargon, legal forms, legal documents
accord and satisfaction Contract Law legal dictionary - legal glossary accord and satisfaction
Once the accord and satisfaction is made and the amount paid (even though it is less than owed) the debt is wiped out since the new agreement (accord) and payment (the satisfaction) replaces the original obligation.
www.legalhelpmate.com /legal-dictionary-term.aspx?legal=accord-and-satisfaction&search=35   (299 words)

  
 Accord and satisfaction - Definition from Investor Dictionary - Define meaning of the word Accord and satisfaction
Accord and satisfaction is the purchase of the release from a debt obligation.
The accord is the agreement to discharge the obligation and the satisfaction is the legal "consideration" which binds the parties to the agreement.
If a person is sued over an alleged debt they bear the burden of proving the affirmative defense of accord and satisfaction Affirmative defense.
www.investordictionary.com /definition/accord+and+satisfaction.aspx   (185 words)

  
 47-3311 - Accord and satisfaction by use of instrument
47-3311 - Accord and satisfaction by use of instrument
B. Unless subsection C applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph 1, subdivision (a).
www.azleg.state.az.us /ars/47/03311.htm   (196 words)

  
 Accord And Satisfaction
A means of discharging a claim whereby the parties agree to give and accept something in settlement and perform the agreement, the agreement being the "accord" and its performance "the satisfaction." (references)
Source: compiled by the editor from various references; see credits.
Translations for "accord and satisfaction"; alternative meanings/domain in parentheses.
www.websters-online-dictionary.org /definition/english/ac/accord+and+satisfaction.html   (179 words)

  
 Accord And Satisfaction Definition | Define Accord And Satisfaction | What Is It?
This procedure is often used by creditors who want to cut their losses by collecting as much money as they can from debtors who cannot pay the full amount.
The Accord And Satisfaction definition has been viewed 29 Time(s)!
We hope you now understand the meaning of Accord And Satisfaction.
www.legalglossary.net /definition/15-Accord_And_Satisfaction   (112 words)

  
 [ E-commerce ] Critères de séduction et satisfaction client
mais aussi la relation client, le but final étant bien sûr aussi d'augmenter la satisfaction client pour mieux fidéliser.
Donc, voila, vu que je m'adresse surement à des acheteurs en ligne, j'aurais voulu connaitre vos critères de satisfaction lorsque vous effectuer un achat en ligne.
Mais bon, là, on n'est plus dans la satisfaction client mais plutôt dans de la gestion interne (autre point très très interressant).
www.webrankinfo.com /forums/viewtopic_49632.htm   (2141 words)

  
 Supply Chain Software: UK Retail & Wholesale Distribution Systems from BCP.
Accord helps you to optimise business performance, maximise customer satisfaction and minimise supply chain costs.
As the software authors, we can tailor the software to meet any additional bespoke programming requirements, enabling you to optimise your business processes.
Accord takes full advantage of the UNIX and Windows environments, offering tight integration with Microsoft Office.
www.bcpsoftware.com   (422 words)

  
 About accord and satisfaction
Announcement Financial Blog Reader - 10 optimized minutes daily of personal finance
I sent a letter to Juniper bank clearly explaining what the enclosed check was for, and wrote on the check paid in full, accord and satisfaction and my account number.
They cashed the check, but now claim I wasn't authorized to do any settlement.
www.debtconsolidationcare.com /forums/about9120.html   (435 words)

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