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Where Executory Accord is Breached

A material breach of an accord is the non-performance of a duty that justifies the injured party in regarding the whole transaction as at an end.[i]

An accord is enforceable as a contractual agreement in its own right.[ii]  An action may be maintained against the party in default for the breach or nonperformance of an accord under ordinary contracts principles.[iii]  The obligee may enforce either the original duty or any duty pursuant to the accord, if the obligor materially breaches the accord.

i] Associated Builders, Inc. v. Coggins, 1999 ME 12, 722 A.2d 1278 (Me. 1999).

[ii] Oregon Mut. Ins. Co. v. Barton, 109 Wash. App. 405, 36 P.3d 1065 (Div. 3 2001).

[iii] Brown v. Noland Co., 403 S.W.2d 33 (Ky. 1966)

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