Accord As In Agreement
Agreement and satisfaction are the payment of unseated debt. For example, a contractor is responsible for building a garage for an owner for 35,000 $US. The contract required $17,500 prior to construction, us$10,000 in various construction phases and a final payment of $7,500 at completion. Once completed, the owner of the house complained of a lower quality of work and refused to make the final payment. After a mutual agreement, the owner accepted $4000 as a full payment. A new contract was created through offer, acceptance and consideration. The idea is that for a saving of $3,500, the owner abandons what is rightfully his, a well-built garage. The owner gives up his right at full price to avoid the suit for a lower performance. If the agreement and satisfaction have arrived, the owner has waived his right to bring a lower-quality action, and the owner has waived his right to sue for the full $7,500, which is due under the original contract. ACCORD, under contract. A satisfied satisfaction between the injured party and the injured party, which, if carried out, is a blockage for all acts on that account. 3 Bl. Com.
15; Tray. Abr, Accord. 2. To reach a good agreement, it is essential: 1. that the agreement be legal. There is no agreement to drop criminal prosecutions as a satisfaction for a heist and incarceration. 5 East, 294. See 2 Wils. 341 Cro.
Eliz. 541. 3.-2. It must be advantageous to the contractor; Therefore, the restoration of his chats or property, which the defendant wrongly expropriated, will not be considered to support a promise by the applicant not to prosecute him for these violations. Tray. Abr. Agreement, A. Perk. S. 749; Dyer, 75; 5 East, R.
230; 1 St. R. 426; 2 T. R. 24; 11 East, R. 390; 3 Hawks, R. 580; 2 Litt. R. 49; 1 stew. A. 476; 5 days, R. 360; 1 root, R.
426; 3 Wend. A. 66; 1 Wend, R. 164; 14 Wend. A. 116; 3 J. Marsh. A. 497. 4-3. It must be safe; Therefore, an agreement that the defendant renounces possession of a house in satisfaction is not valid, unless it is also agreed on the date on which it is abandoned.
Mr. Yelv. 125. See 4 mod. 88; 2 John. 342; 3 Lev. 189. 5-4. The defendant must be contracted.
Thus, if the consideration for the promise not to sue goes to another, the defendant is a stranger to the agreement, and the fact that the undertaking was given to him will be unnecessary. 592; 6, John. A. 37; 3 Monr. A. 302, but in this case, the equity will grant discharge by way of referral. 3 Monr. A. 302; 5 East, R. 294; 1 Smiths R.
615; Cro. Eliz. 641; 9 Co. 79, b; 3 derision. A. 117; 5 Co. 117, born 6-5. The agreement must be executed. 5 John. A.
386; 3 John. Case. 243; 16 John. A. 86; 2 Wash.C.C. R. 180; 6 Wend. R. 390; 5 N. H. Rep.
136; Dig Com. Agreement, B 4. 7. Compliance with satisfaction when two effects have been achieved; It is the payment of the debt; and it is a type of sale of the business that the debtor gave to the creditor for satisfaction; but it differs insofar as it is not valid until the delivery of the item, and there is no guarantee for the thing thus sold, except perhaps the title; For in this context, there can be no doubt that if the debtor would give the goods of another to an agreement and to satisfaction, there would be no satisfaction. See Dation, in payment. See com. Dig in general. h.t.; Tray. That`s not the case. h.t.; Dig Com. Pleader, 2 V 8; 5 East, R. 230; 4 Mod.
88; 1 derision. A. 428; 7 East, R. 150; 1 J.B. Moore, 358, 460; Two Wils. A. 86; 6 Co. 43, b; 3 Chit.
Right, 687 to 698; Mr. Harr. Dig. h.t.; 1 BL W. 388; 2 T. R. 24; Two derisions. 141; 3 derision. 117; 5 B. – A.
886; 2 Chit. R. 303,324; 11 East, 890; 7 prizes, 604; 2 Green. Ev. By. 28; 1 Bouv. Inst. n. 805; 3 Bouv.
Inst. 24 78-79-80-81. Empty Compliance with commitments. When a person is prosecuted for an alleged misconduct, that person bears the burden of proof of the affirmative defence of compliance and satisfaction. An agreement between controversies that establishes the satisfaction of a violation and which, when carried out, prevents any legal action.
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