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Arizona – Accord and Satisfaction

According to Arizona courts, there are four elements to an accord and satisfaction such as:

  • a proper subject matter;
  • competent parties;
  • an assent or meeting of the minds of the parties; and
  • consideration.[i]

The acceptance and use of a remittance by check constitute an accord and satisfaction of the larger claim of the creditor, assuming the claim is unliquidated or disputed, if the check purports to be a payment in full, or which implies words of similar meaning, or is accompanied by a letter to that effect.[ii]

 

[i] Flagel v. Southwest Clinical Physiatrists, P.C., 157 Ariz. 196 (Ariz. Ct. App. 1988)

 

[ii] Frank Culver Elec. v. Jorgenson, 136 Ariz. 76 (Ariz. Ct. App. 1983)


Inside Arizona – Accord and Satisfaction