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Mississippi – Accord and Satisfaction

Under Mississippi law, there are four elements for a valid accord and satisfaction.  First, something of value must be offered in full satisfaction of a demand.  Such an offer must be accompanied by acts and declarations which amount to a condition that if the thing offered is accepted, it is accepted in satisfaction of the agreement.  The party to whom the offer was made should understand that if s/he accepts the thing offered, he takes it subject to the conditions stipulated in the accord.  Finally, the party should actually accept the item.[i]  The first three elements show that the parties’ acts and declarations must show an actual intent or a “meeting of minds.”[ii]

[i] Austin v. Padgett, 678 So. 2d 1002, 1003 (Miss. 1996), United Am. Ins. Co. v. Merrill, 978 So. 2d 613, 625 (Miss. 2007)

[ii] Royer Homes of Miss., Inc. v. Chandeleur Homes, Inc., 857 So. 2d 748, 754 (Miss. 2003)


Inside Mississippi – Accord and Satisfaction