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Florida – Accord and Satisfaction

According to Florida Courts, an accord and satisfaction results when the parties mutually intend to effect a settlement of an existing dispute by entering into a superseding agreement; and there is actual performance in accordance with the new agreement.[i]  Accord and satisfaction results as a matter of law when an offeree accepts a payment which is tendered only on the express condition that its receipt is to be deemed a complete satisfaction of a disputed claim.[ii]


[i] Martinez v. S. Bayshore Tower, L.L.L.P., 979 So. 2d 1023 (Fla. Dist. Ct. App. 3d Dist. 2008)


[ii] Hannah v. James A. Ryder Corp., 380 So. 2d 507 (Fla. Dist. Ct. App. 3d Dist. 1980)

Inside Florida – Accord and Satisfaction