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 New Hampshire, accord and satisfaction is a legal concept that allows parties to settle a dispute by agreeing to terms that are different from the original contract or obligation. This agreement must be voluntary and made by competent parties. To be enforceable, the new agreement (the 'accord') must be executed with the intent to resolve the dispute, and the performance of the new agreement (the 'satisfaction') must be completed. If these conditions are met, the original contract or obligation is considered discharged. This principle is recognized under New Hampshire common law and is also reflected in the Uniform Commercial Code (UCC) for transactions involving negotiable instruments, which New Hampshire has adopted. Specifically, under UCC Section 3-311, an accord and satisfaction can occur when a person in good faith offers a check or other instrument to a claimant as full satisfaction of a claim, and the claimant obtains payment of the instrument.