To enforce an accord and satisfaction, there must be a genuine dispute over the amount. Which option reflects this requirement?

Prepare for the MBE Contracts Test with comprehensive questions and detailed explanations. Utilize our resources to bolster your understanding and confidence. Pass your exam with expert strategies and guidance!

Multiple Choice

To enforce an accord and satisfaction, there must be a genuine dispute over the amount. Which option reflects this requirement?

Explanation:
In accord and satisfaction, a settlement of a debt is effective only when there is a bona fide dispute about the amount owed. That genuine disagreement provides the basis for substituting the original obligation with a different performance (often a lesser payment) and for the creditor’s acceptance of that offer to discharge the entire claim. If there’s no real dispute, accepting a lesser amount is just a simple compromise, not an enforceable accord and satisfaction that ends the original debt. The other options don’t match the rule: requiring new consideration isn’t necessary when there’s a genuine dispute, a payment isn’t automatically a full satisfaction if there’s no dispute, and a separate written release isn’t invariably required for the accord and satisfaction to take effect.

In accord and satisfaction, a settlement of a debt is effective only when there is a bona fide dispute about the amount owed. That genuine disagreement provides the basis for substituting the original obligation with a different performance (often a lesser payment) and for the creditor’s acceptance of that offer to discharge the entire claim. If there’s no real dispute, accepting a lesser amount is just a simple compromise, not an enforceable accord and satisfaction that ends the original debt. The other options don’t match the rule: requiring new consideration isn’t necessary when there’s a genuine dispute, a payment isn’t automatically a full satisfaction if there’s no dispute, and a separate written release isn’t invariably required for the accord and satisfaction to take effect.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy