Where one party has performed his obligations in their entirety but something remains to be done by the other party, the party to whom the obligation is owed may release the other party by a subsequent agreement under seal. Furthermore, the party to whom the obligation is owed may agree with the other party to accept something different in place of the former obligation. This is known as accord and satisfaction: the subsequent agreement is the accord, and the new consideration is the satisfaction. Where there has been accord and satisfaction, the former obligation is discharged. However, where the subsequent agreement by which one party consents to accept something different in place of the original obligation is [...]. The essential point is that, unless there is a new consideration, there can be no satisfaction, i.e. there can be no discharge of the previous agreement and no formation of an agreement in new terms.
Answer
obtained under the threat that he will otherwise get nothing at all, there is no true accord and, consequently, the original obligation remains undischarged
Tags
#contract #discharge #law
Question
Where one party has performed his obligations in their entirety but something remains to be done by the other party, the party to whom the obligation is owed may release the other party by a subsequent agreement under seal. Furthermore, the party to whom the obligation is owed may agree with the other party to accept something different in place of the former obligation. This is known as accord and satisfaction: the subsequent agreement is the accord, and the new consideration is the satisfaction. Where there has been accord and satisfaction, the former obligation is discharged. However, where the subsequent agreement by which one party consents to accept something different in place of the original obligation is [...]. The essential point is that, unless there is a new consideration, there can be no satisfaction, i.e. there can be no discharge of the previous agreement and no formation of an agreement in new terms.
Answer
?
Tags
#contract #discharge #law
Question
Where one party has performed his obligations in their entirety but something remains to be done by the other party, the party to whom the obligation is owed may release the other party by a subsequent agreement under seal. Furthermore, the party to whom the obligation is owed may agree with the other party to accept something different in place of the former obligation. This is known as accord and satisfaction: the subsequent agreement is the accord, and the new consideration is the satisfaction. Where there has been accord and satisfaction, the former obligation is discharged. However, where the subsequent agreement by which one party consents to accept something different in place of the original obligation is [...]. The essential point is that, unless there is a new consideration, there can be no satisfaction, i.e. there can be no discharge of the previous agreement and no formation of an agreement in new terms.
Answer
obtained under the threat that he will otherwise get nothing at all, there is no true accord and, consequently, the original obligation remains undischarged
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it is the satisfaction. Where there has been accord and satisfaction, the former obligation is discharged. However, where the subsequent agreement by which one party consents to accept something different in place of the original obligation is <span>obtained under the threat that he will otherwise get nothing at all, there is no true accord and, consequently, the original obligation remains undischarged. The essential point is that, unless there is a new consideration, there can be no satisfaction, i.e. there can be no discharge of the previous agreement and no formation of an agreem
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.