'Accord and satisfaction' discharges a disputed obligation when:
Explicación
An accord is the agreement to accept something different from or less than what is owed, in extinction of a disputed obligation (Civil Code §1521); the satisfaction is actually performing it (§1523). Both halves are needed — the accord alone suspends the old obligation, it does not discharge it. Cashing a check tendered in full settlement of a genuinely disputed amount is the everyday example. (b) describes waiver or the running of the statute of limitations, neither of which is a bargained settlement. (a) changes the forum that will decide the claim without settling it at all. (d) is a judgment, which enforces the original obligation rather than substituting a new one.
Referencia Legal: Civil Code §1521, §1523Practica las 1632 preguntas gratis — sin registro.
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