Accord and satisfaction is an enforceable agreement in which the parties agree to discharge a contract, claim, or obligation on terms that differ from the original terms of the contract, claim, or obligation.
In West Virginia, accord and satisfaction is a legal concept that allows parties to settle a dispute by agreeing to terms that are different from the original contract or obligation. This agreement must be voluntary and made by competent parties. For an accord and satisfaction to be enforceable, there must be a genuine dispute or uncertainty regarding the original obligation, an offer of partial payment or different performance (the 'accord'), and the acceptance of this offer by the other party (the 'satisfaction'). Once the satisfaction is completed, the original obligation is discharged, and the parties are no longer liable under the original terms. This concept is recognized under common law and is also codified in West Virginia's version of the Uniform Commercial Code (UCC) for transactions involving the sale of goods. It's important to note that the specifics of the agreement and the circumstances can affect its enforceability, so it is advisable to consult with an attorney to ensure that the accord and satisfaction is properly executed and legally binding.