Generally, an unaccepted tender of performance is insufficient to create a binding accord and satisfaction.[i] In Taylor v. Central of Georgia Ry. Co., the court opined that the judgment creditor’s promise to accept a lesser amount does not become binding upon him/her until the whole of such lesser amount is paid and accepted. Under such circumstances tender will not take the place of performance. An unperformed promise cannot constitute a satisfaction unless such promise amounts to a novation, and takes the place of the original obligation.
[i] Taylor v. Central of Georgia Ry. Co., 99 Ga. App. 224, 108 S.E.2d 103 (1959)