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Kansas – Accord and Satisfaction

In Kansas, an accord is an agreement, an adjustment, a settlement of former difficulties, and presupposes a difference, a disagreement, as to what is right.[i]  A satisfaction is a performance of the terms of the accord.

An accord is a contract between creditor and debtor for the settlement of the claim by some performance other than that which is due.[ii]  Satisfaction takes place when the accord is performed.  There must be an offer in full satisfaction of the obligation, to constitute an accord and satisfaction.  It must be accompanied by such acts and declarations as amount to a condition that if it is accepted, it is to be in full satisfaction.  The condition must be such that the party to whom the offer is made is bound to understand that if s/he accepts it, s/he does so subject to the conditions imposed.

 

[i] Harrison v. Henderson, 67 Kan. 194 (Kan. 1903)

 

[ii] Amino Bros. Co. v. Twin Caney Watershed, 206 Kan. 68 (Kan. 1970)


Inside Kansas – Accord and Satisfaction