Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 A party asserting the accord-and-satisfaction defense must establish that: (1) the claim is disputed; (2) the party claiming the defense offered to pay less than the amount purportedly due; and (3) the other party accepted and retained the lesser amount offered in full settlement of the claim. Eccomunity, Inc. v. Lussier, 147 Vt. 276, 278, 514 A.2d 711, 713 (1986). 


In an accord and satisfaction, an obligor agrees to provide a performance different from that required, or allegedly required, of him by the contract, and the obligee agrees to accept the substituted performance in satisfaction of the obligor's existing duty. See, e.g., Restatement (Second) of Contracts § 281 (1981); Horn Waterproofing Corp. v. Bushwick Iron & Steel Co., 66 N.Y.2d at 326-27, 497 N.Y.S.2d at 313-14; Merrill Lynch Realty/Carll Burr, Inc. v. Skinner, 63 N.Y.2d 590, 596, 483 N.Y.S.2d 979, 982, 473 N.E.2d 229 (1984) ('Acceptance of a check in full settlement of a disputed unliquidated claim operates as an accord and satisfaction discharging the claim . . . .'); Patel v. Orma, 190 A.D.2d 782, 783, 593 N.Y.S.2d 851, 853 (2d Dep't 1993) (mem.). The proponent of a contract modification must show ...

Register or login to access full content



Professors
Professionals
Students