'Accord and satisfaction' discharges a disputed obligation when:
解析
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.
法律依据: Civil Code §1521, §1523免费刷完整 1632 道题库 — 无需注册。
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同考点相关题目
- Nominal damages are awarded when:
- A 'waiver' in the context of a contract generally refers to:
- A 'no oral modification' clause states that the contract may be changed only by a signed writing. Its practical purpose is to:
- The doctrine of 'impossibility' (or impracticability) may excuse performance when:
- 'Frustration of purpose' as an excuse for nonperformance applies when:
- A third-party beneficiary who is an 'intended beneficiary' of a contract:
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