Select your state

Contracts

accord and satisfaction

Accord and satisfaction is an enforceable agreement in which the parties agree to discharge a contract, claim, or obligation on terms that differ from the original terms of the contract, claim, or obligation.

In Massachusetts, accord and satisfaction is a common law contract principle that allows parties to settle a dispute by agreeing to terms that are different from the original contract. This agreement must be voluntary and involve the offer of different performance, which the other party accepts as full satisfaction of the original obligation. The new agreement (the 'accord') and the performance of the new agreement (the 'satisfaction') effectively discharge the original contract or claim. For an accord and satisfaction to be legally binding in Massachusetts, there must be a bona fide dispute over the claim, an offer of partial payment or other consideration, and an acceptance of that offer as full settlement of the obligation. It is important to note that the acceptance must be clear and unequivocal. If these elements are met, the accord and satisfaction can be used as a defense in court if a party attempts to enforce the original contract or claim.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Contracts

accord and satisfaction

Individual & Family Legal Plan

Articles

Massachusetts State Code

Massachusetts State Code

Contracts

accord and satisfaction

Articles