An agreement to substitute for an existing debt some alternative form of discharging that debt, coupled with the actual discharge of the debt by the substituted performance. • The new agreement is called the accord, and the discharge is called the satisfaction. Cf. COMPROMISE; NOVATION; SETTLEMENT(2), (3). [Cases: Accord and Satisfaction 1.C.J.S. Accord and Satisfaction […]
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accord and satisfaction. An agreement to substitute for an existing debt some alternative form of discharging that debt, coupled with the actual discharge of the debt by the substituted performance. • The new agreement is called the accord, and the discharge is called the satisfaction. Cf. COMPROMISE; NOVATION; SETTLEMENT(2), (3). [Cases: Accord and Satisfaction 1.
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accord and satisfaction 和解和清偿 解除债务的一种方法。双方当事人协议由一方为一定给付而另一方接受，从而解除债务。和解〔accord〕是指协议，清偿〔satisfaction〕是指该协议的履行。这是以一个新协议取代旧协议，以履行新协议来取代原有义务的履行，它必须具备有效合同的所有要素。
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satisfaction, n. 1. The giving of something with the intention, express or implied, that it is to extinguish some existing legal or moral obligation. • Satisfaction differs from performance because it is always something given as a substitute for or equivalent of something else, while performance is the identical thing promised to be done. —
accord, n. 1. An amicable arrangement between parties, esp. between peoples or nations; COMPACT; TREATY. 2. An offer to give or to accept a stipulated performance in the future to satisfy an obligor’s existing duty, together with an acceptance of that offer. • The performance becomes what is known as a satisfaction. — Also termed
compromise, n. 1. An agreement between two or more persons to settle matters in dispute between them; an agreement for the settlement of a real or supposed claim in which each party surrenders something in concession to the other. — Also termed compromise and settlement; (erroneously) compromise settlement. [Cases: Com-promise and Settlement 1. C.J.S. Compromise
A claim in which the amount owed has not been determined. [Cases: Accord and Satisfaction 10; Interest 39(2.15). C.J.S. Accord and Satisfaction §§ 44–45.]
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dation en paiement (day-sh[schwa]n in pay-m[schwa]nt or da-syon ahn pay-mon), n. [French “a giving in payment”] Civil law. 1. An exchange of something instead of money to satisfy a debt. See ACCORD AND SATISFACTION. [Cases: Accord and Satisfaction 13. C.J.S. Accord and Satisfaction §§ 25–27, 29.] 2. Louisiana law. A contract in which the obligor
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affirmative defense 〈美〉肯定性答辩；积极的答辩 指被告并不否认原告所主张之事实的真实性，而是提出其他的理由来说明为什么自己不应承担责任的答辩。因此，它并不反驳原告诉求之真实性，而只是否认原告在法律上有起诉的权利。根据联邦及大多数州的民事诉讼规则，所有的肯定性答辩都必须在应答书状〔responsive pleading〕即答辩状〔answer〕中提出，且被告对其所提之事由负证明责任。这些事由包括和解和清偿〔accord and satisfaction〕、自担风险〔assumption of risk〕、混合过失〔contributory negligence〕、胁迫〔duress〕、时效、不容否认〔estoppel〕等。在刑事诉讼中，构成肯定性答辩的事由包括精神失常、醉酒、自卫、无意识行为〔automatism〕、不在犯罪现场〔alibi〕、受胁迫等。
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A contract made between parties to an earlier contract so that the new one takes the place of and discharges the earlier one. • A substituted contract differs from a novation (as “novation” is traditionally defined) in that the latter requires the substitution for the original obligor of a third person not a party to
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