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Accord and satisfaction is a contract law concept about the purchase of the release from a debt obligation. It is one of the methods by which parties to a contract may terminate their agreement. The release is completed by the transfer of valuable consideration that must not be the actual performance of the obligation itself. [1]
Franchising is an agreement between a brand owner and franchisee that grants the franchisee rights to use the brand in exchange for a fee. [15] According to the study, apart from this, the franchisee agreement includes an unwritten psychological contract agreement, consisting of unwritten promises and obligations between both parties.
Many contracts include "satisfaction clauses", in which a promisor can refuse to pay if he isn't subjectively satisfied with the promisee's performance. Strictly speaking, this is an illusory promise, since the promisor has no actual legal burden to pay if he chooses not to.
An exception to this rule holds for settlements, such as an accord and satisfaction. If a creditor has a credit against a debtor for $10,000, and offers to settle it for $5,000, it is still binding, if accepted, even though the debtor had a legal duty to repay the entire $10,000.
An agreement is formed when an "offer" is accepted. The parties must have an intention to be legally bound ; and to be valid, the agreement must have both proper "form" and a lawful object. In England (and in jurisdictions using English contract principles), the parties must also exchange " consideration " to create a "mutuality of obligation ...
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise.
Going toe to toe with a car salesperson can feel like you're about to test-drive both your patience and your budgetary constraints. Car purchases should be a pretty straightforward process, but ...
In Walford v Miles (1992), the House of Lords ruled that an agreement to negotiate in good faith for an unspecified period is not enforceable, and a term to that effect cannot be implied into a lock-out agreement (an agreement not to negotiate with anyone except the opposite party) for an unspecified period, since the lock-out agreement did not ...