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Nevada – Accord and Satisfaction

Nevada courts define “Accord” as an agreement whereby one of the parties undertakes to give or perform, and the others to accept, in satisfaction of a claim, liquidated or in dispute, and arising either from contract or from tort, something other than or different from what s/he is, or considers himself/herself, entitled to.[i]  It must be clearly shown that there was a meeting of the minds of the parties, accompanied by a sufficient consideration, to establish an accord and satisfaction.[ii]  Courts are determined to establish a principle that s/he who avails of a plea of accord and satisfaction must bear the burden of proof.[iii]

 

[i] Walden v. Backus, 81 Nev. 634 (Nev. 1965)

 [ii] Mountain Shadows v. Kopsho, 92 Nev. 599 (Nev. 1976)

 [iii] Wolf v. Humboldt County, 36 Nev. 26 (Nev. 1913)


Inside Nevada – Accord and Satisfaction