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Part Performance

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)

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