The performance must be full and complete where the performance of an accord is necessary to satisfy the original claim and constitute a valid accord and satisfaction.[i] The whole accord fails if part of the agreed consideration is not performed. The rule that a partially performed accord does not constitute a settlement did not apply when a party unilaterally attempted to return a portion of the consideration two or three weeks after agreement was been reached, but did not see fit to tender a return of the entire consideration.
However, delay in performance not depriving of any benefits, constitutes substantial performance of the accord and satisfaction.[ii] If full performance is prevented by the creditor, part performance may also be sufficient.[iii]
[i] Rosenfeld v. Glickstein, 159 So. 2d 670 (Fla. Dist. Ct. App. 1st Dist. 1964)
[ii] Associated Builders, Inc. v. Coggins, 1999 ME 12, 722 A.2d 1278 (Me. 1999)
[iii] National Old Line Ins. Co. v. Brown, 107 N.M. 482, 760 P.2d 775 (1988)