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California Points & Authorities
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-11 California Points & Authorities 11.syn


Title

Accord and Satisfaction

Author

The Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

Accord and satisfaction is a method of discharging a claim whereby the parties agree to give and accept something in settlement of the claim and perform the agreement. The "accord" is the agreement, and the "satisfaction" is the execution or performance.

This chapter of California Points and Authorities contains forms for use in supporting and opposing the contention that an obligation sued on was extinguished by accord and satisfaction. The chapter defines an accord and discusses how to set aside an accord.

California Points and Authorities is the only California publication to provide forms that combine concise arguments of the law with accurate summaries of supporting statutes, case, and rules. Easily adaptable for use in trial and appellate briefs and researching jury instructions, the forms are designed to assist the attorney in arguing points of law at all stages of litigation.

CORE TERMS:

California law,civil liability,accord and satisfaction,points and authorities

RELATED CHAPTERS: (View)

For a discussion of how to use forms to draft a memorandum or a trial or appellate brief, see Ch. 1, Writing Legal Memoranda and Briefs.

For a discussion and forms relating to amendment of pleadings, see Ch. 16, Amended and Supplemental Pleadings.

For points and authorities relating to actions for breach of contract and to defenses to the formation and enforcement of a contract generally, see Ch. 50, Contracts.

For points and authorities relating to mistake as a basis for rescission, see Ch. 92, Duress, Menace, Fraud, Undue Influence, and Mistake.

For points and authorities relating to the enforcement of an accord agreement generally, see Ch. 214, Specific Performance.

OTHER RELATED PUBLICATIONS:

For a discussion and forms for use in actions involving accord and satisfaction generally, and for a discussion of the distinction between accord and satisfaction and other affirmative defenses, see California Forms of Pleading and Practice, Ch. 6, Accord and Satisfaction (Matthew Bender).

For a discussion and forms relating to amendment of pleadings, see California Forms of Pleading and Practice, Ch. 21, Amended and Supplemental Pleadings (Matthew Bender).

For discussion and forms relating to composition agreements, including a form of affirmative defense that a creditor's action against a debtor is barred by a composition agreement, see California Forms of Pleading and Practice, Ch. 94, Bankruptcy (Matthew Bender).

For a discussion and forms for affirmative defenses based on modification, novation, rescission, or lack of one of the essential elements of a contract, see California Forms of Pleading and Practice, Ch. 140, Contracts (Matthew Bender).

For a discussion and forms for affirmative defenses based on payment, see California Forms of Pleading and Practice, Ch. 385, Negotiable Instruments.

For a discussion and forms for affirmative defenses based on release, see California Forms of Pleading and Practice, Ch. 520, Settlement and Release (Matthew Bender).
 
 
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