合同与履行第 870 / 1605 题
'Accord and satisfaction' discharges a disputed obligation when:
a.The parties agree to arbitrate
b.One party simply ignores the debt
c.The parties agree to accept a different performance (the accord) in settlement, and that new performance is completed (the satisfaction)
d.A court orders specific performance
解析
Accord and satisfaction discharges a disputed or unliquidated obligation when the parties reach a new agreement (the accord) to accept a different, often lesser, performance in full settlement, and that substitute performance is actually rendered (the satisfaction). For example, cashing a check marked 'payment in full' on a genuinely disputed amount can complete an accord and satisfaction. It is not merely ignoring a debt, a court order, or an agreement to arbitrate.
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