Accord and Satisfaction
From Florida Legal Wiki
An accord is an agreement to give and accept something in full settlement of a claim. Woods-Tucker Leasing Corp. of Georgia v. Kellum, 641 F.2d 210, 213-14 (5th Cir. 1981). Satisfaction is the execution of the accord, which discharges the old claim. Id. Accord and Satisfaction is an Affirmative Defense. The elements of Accord and Satisfaction are:
- The parties mutually intend to effect a settlement of an existing dispute by entering into a superseding agreement; and
- There is actual performance in accordance with the new agreement.
"Compliance with the new agreement discharges the prior obligations." Martinez v. S. Bayshore Tower, L.L.L.P., 979 So.2d 1023, 1024 (Fla. 3d DCA 2008), citing Rudick v. Rudick, 403 So.2d 1091, 1094 (Fla. 3d DCA 1981).
