accord and satisfaction

• Civil Law Compromise, Common Law Accord and Satisfaction: Can the Two Doctrines Coexist in Louisiana?

Introduction. I. Definition: What Are Compromise and Accord and Satisfaction?. A. Civil Law Compromise. B. Common Law Accord and Satisfaction. C. Intersection of Civil Law Compromise and Common Law Accord and Satisfaction. II. Interpretation: Are the Two Doctrines Different?. A. Civil Law Compromise: Subjective Inquiry. B. Common Law Accord and Satisfaction: Objective Analysis. C. Divergence of Civil Law Compromise and Common Law Accord and Satisfaction. III. Can the Two Doctrines Coexist? A Look at Louisiana Law. A. Louisiana Compromise-Civil Law Compromise. B. Louisiana Accord and Satisfaction-Common Law Accord and Satisfaction with an Interpretive Twist. C. The Tangled Web of Judicial Confusion for Louisiana Settlement Agreements. IV. The 2007 Revision: A Solution?. A. Louisiana C...

• Louisiana Law Review
• Nbr. 69-1, October 2008

• Accord and Satisfaction

A method of discharging a claim whereby the parties agree to give and accept something in settlement of the claim and perform the ...

• West's Encyclopedia of American Law
• A–Ba

• Reid v. Wallaby’s Inc., (Ohio 2012)

The trial court erred in failing to properly render a verdict against one of two defendants. The trial court also erred in applying the doctrine of unclean hands, because that defense was not raised in the answers that were filed. In addition, the trial court erred in rendering judgment for the defendant under the doctrines of laches and accord and satisfaction. The doctrine of estoppel, which was raised and argued in the trial court, does not preclude recovery by the plaintiff. Reversed and Remanded.

• Ohio Supreme Court

• Appellate Division, 4th Department Case Summaries: March 25, 2009

Appellate Division, 4th Department Accord and Satisfaction

• Daily Record (Rochester, NY)
• March 26, 2009

• Byars v. RLG Builder, Inc., (Ohio 2010)

Accord and Satisfaction, Mediation, Equitable Estoppel

• Ohio Supreme Court

• Payment in Full?

An accord and satisfaction is a contractual method for discharging a debt, generally for less than the full amount owed. The "accord" is the agreement between the parties to accept an amount different than what is actually owed on an obligation, and the "satisfaction" is the payment of the new amount. A successful accord and satisfaction relieves the consumer of her legal obligation to pay the rest of the debt and serves as a defense for the consumer against legal action on the debt. The burden of proof falls on the person seeking the accord and satisfaction. Whether or not these elements have been met will turn on the facts of a specific case. Even with the definitions provided in the UCC, the terms "good faith" and "conspicuous" are quite ambiguous, and court interpretations may vary....

• Collector
• Vol. 76 Nbr. 4, November 2010

• Parma v.Wielicki, (Ohio 2011)

Appellants failed to establish an accord and satisfaction of their municipal tax debt where their initial alleged bona fide dispute was refuted and replaced by an argument raised for the first time in opposition to summary judgment. Appellants’ purported accord and satisfaction further lacked the requisite element of consideration as appellants offered municipality a check for the precise amount of an undisputed tax obligation for the year 2008 and the municipality received absolutely no consideration for the tax obligations in the disputed years of 2005, 2006, and 2007.

• Ohio Supreme Court

• Huntington Natl. Bank v. Chappell, (Ohio 2007)

Civil manifest weight of the evidence – accord and satisfaction – affirmative defense.

• Ohio Supreme Court

• Citibank (South Dakota), N.A. v. Perz, (Ohio 2010)

Summary judgment was improper in favor of a credit card company on issue of accord and satisfaction, where company cashed partial payment checks that were offered by cardholder in full satisfaction of accounts. Company failed to authenticate Card Agreements providing that issuer can accept such checks without forfeiting its rights to collect the remaining balance; and the lack of a bona fide dispute between the parties as to amounts due did not preclude an accord and satisfaction under the particular circumstances.

• Ohio Supreme Court

• Barmar Ents., L.L.C. v. Benco Industries, Inc., (Ohio 2009)

Summary judgment; accord and satisfaction; subject matter; competent parties; consideration; mutual assent; undue influence; fraud; hearsay; personal knowledge.

• Ohio Supreme Court