Accord
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Accord
An agreement that settles a dispute, generally requiring an obligee to accept a compromise or satisfaction from the obligor with something less than what was originally demanded. Also often used synonymously with treaty.
ACCORD, in contracts. A satisfaction agreed upon between the party injuring
and the party injured, which when performed is a bar to all actions upon
this account. 3 Bl. Com. 15; Bac. Abr, Accord.
2. In order to make a good accord it is essential:
1. That the accord be legal. An agreement to drop a criminal
prosecution as a satisfaction for an assault and imprisonment, is void. 5
East, 294. See 2 Wils. 341 Cro. Eliz. 541.
3.-2. It must be advantageous to the contracting party; hence
restoring to the plaintiff his chattels, or his land, of which the defendant
has wrongfully dispossessed him, will not be any consideration to support a
promise by the plaintiff not to sue him for those injuries. Bac. Abr.
Accord, &c. A; Perk. s. 749; Dyer, 75; 5 East, R. 230; 1 Str. R. 426; 2 T.
R. 24; 11 East, R. 390; 3 Hawks, R. 580; 2 Litt. R. 49; 1 Stew. R. 476; 5
Day, R. 360; 1 Root, R. 426; 3 Wend. R. 66; 1 Wend, R. 164; 14 Wend. R. 116;
3 J. J. Marsh. R. 497.
4.-3. It must be certain; hence an agreement that the defendant shall
relinquish the possession of a house in satisfaction, &c., is not valid,
unless it is also agreed at what time it shall be relinquished. Yelv. 125.
See 4 Mod. 88; 2 Johns. 342; 3 Lev. 189.
5.-4. The defendant must be privy to the contract. If therefore the
consideration for the promise not to sue proceeds from another, the
defendant is a stranger to the agreement, and the circumstance that the
promise has been made to him will be of no avail. Str. 592; 6, John. R. 37;
3 Monr. R. 302 but in such case equity will grant relief by injunction. 3
Monr. R. 302; 5 East, R. 294; 1 Smith's R. 615; Cro. Eliz. 641; 9 Co. 79, b;
3 Taunt. R. 117; 5 Co. 117, b.
6.-5. The accord must be executed. 5 Johns. R. 386; 3 Johns. Cas.
243; 16 Johns. R. 86; 2 Wash. C. C. R. 180; 6 Wend. R. 390; 5 N. H. Rep.
136; Com. Dig. Accord, B 4.
7. Accord with satisfaction when completed has two effects; it is a
payment of the debt; and it is a species of sale of the thing given by the
debtor to the creditor, in satisfaction; but it differs from it in this,
that it is not valid until the delivery of the article, and there is no
warranty of the thing thus sold, except perhaps the title; for in regard to
this, it cannot be doubted, that if the debtor gave on an accord and
satisfaction the goods of another, there would be no satisfaction. See
Dation, en paiement. See in general Com. Dig. h.t.; Bac. Ab. h.t.; Com.
Dig. Pleader, 2 V 8; 5 East, R. 230; 4 Mod. 88 ; 1 Taunt. R. 428; 7 East, R.
150; 1 J. B. Moore, 358, 460; 2 Wils. R. 86; 6 Co. 43, b; 3 Chit. Com. Law,
687 to 698; Harr. Dig. h.t.; 1 W. Bl. 388; 2 T. R. 24; 2 Taunt. 141; 3
Taunt. 117; 5 B.& A. 886; 2 Chit. R. 303 324; 11 East, 890; 7 Price, 604; 2
Greenl. Ev. Sec. 28; 1 Bouv. Inst. n. 805; 3 Bouv. Inst. n. 24 78-79-80-81.
Vide Discharge of Obligations.