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Trial court did not err in rendering summary judgment for defendant in action for breach of contract, quantum meruit, and on account. Letter accompanying one of two checks paid to, and cashed by, plaintiff, put plaintiff clearly on notice that his services were terminated and the accompanying payment was intended to be payment in full for services previously performed, thus constituting an accord and satisfaction. Fact that a second check, dated the same day, was sent by defendant to plaintiff, without a similar accompanying letter, did not create a genuine issue of material fact concerning the issue of accord and satisfaction. The purport of the letter was clear, and the existence of the second check did not contradict or undermine the statement in the letter that the payment includ...
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Over the past two decades, the multidimensional model of quality attributes that is often referred to as "Kano's theory of attractive quality" (Kano et al. 1984) has gained increasing exposure and acceptance among academics and practitioners alike. Despite this, no research has provided a systematic review of the subsequent development of this theory since its introduction. The aims of this study are: a) to synthesize and organize the extant literature on the subject; and b) to suggest areas that require further research. A review was conducted of 33 papers related to the theory of attractive quality. The content of these papers was analyzed and theoretical and methodological research themes were identified. The study revealed several interesting developments with respect to methodologi...
... of a quality attribute and customer satisfaction with that quality attribute. Because it provides i...According to Kano et al. (1984), their ideas are similar to ...The letter "I" in the formula below represents indifferent qu...
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... Turner's cashing of the check constituted accord and satisfaction under Wisconsin law and whether H...In a letter dated December 3, 1985, from Moriarty to Turner, M...
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... claim, AAC submitted a November 14, 1991, letter from Genovese to Al Bartone, Paramount's president... that the November 14 letter constituted an accord and satisfaction or a novation; a claim that AAC h...
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... of integrity will always act accordingly and saw no reason why, in the proper performance o... pay its debts if it is proved to the satisfaction of the court that the value of the company's asset...The letter stated that it was open for 21 days and that it wa...
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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.
...Both checks were also accompanied by a letter from appellant's counsel, which stated: . "We repr...
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In May 1831, Alexis de Tocqueville and his friend Gustave de Beaumont landed at Newport RI after 37 days at sea. Tocquevile was a deputy royal prosecutor, Beaumont his immediate superior. The two had been granted leaves of absence from their duties in the French judicial system to study American prisons, and a book-length report they co-authored upon their return, Du systeme penitentiaire aux Etats-Unis et de son application en France, testifies to the earnestness with which they undertook their mission. But the letters they wrote from America show them avidly observing everything around them. Prison reform was their passport to the New World; it legitimated what proved to be a cultural enquiry of seminal importance. Here, Tocqueville's that reflect his anxieties ar...
... me, I hope, when I say that my chief satisfaction upon docking at New York will not be stepping foot... conditions, which result in perfect accord between its political constitution and its needs a...
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- Red Alarm, Inc., a California Corporation, Plaintiff-Appellant, v. Waycrosse, Inc., a Delaware Corporation, Doing Business as Silent Knight Security Systems; Silent Knight Security Systems of Minnesota, Inc., a Minnesota Corporation; Does One Through Ten, Inclusive, Defendants-Appellees., 47 F.3d 999 (9th Cir. 1995)
..." sent to Silent Knight constituted an accord and satisfaction between the parties. We agree wit...In February of 1992, Red Alarm sent a letter and check to Silent Knight's "lock box."2 Although...
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... had a dispute in 2001 and entered into a letter agreement which did not include an arbitration cla... letter agreement constituted “mutual accord, satisfaction and release†of all claims ari...
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- Robert K. Fabric, M.D., Robert K. Fabric, M.D., P.A., a Florida Professional Association, Plaintiffs-Appellees, v. Provident Life & Accident Insurance Company, a Tennessee Corporation Authorized To Do Business in the State of Florida, Defendant-Appellant., 115 F.3d 908 (11th Cir. 1997)
... asserted affirmative defenses including accord and satisfaction, rescission, waiver and estoppel.... expense policy.1 In an accompanying letter Zuckerman stated that Fabric desired that future c...