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South Carolina – Accord and Satisfaction

In South Carolina, an accord and satisfaction occurs when there is an agreement to accept in discharge of an obligation something different from that which the creditor is claiming or is entitled to receive, and payment of the consideration expressed in the new agreement.[i]  Therefore, the essential elements of an accord and satisfaction are an agreement to settle a dispute, and consideration that supports the agreement.[ii]

An accord and satisfaction must contain the elements of contract.  There must be a meeting of the minds.[iii]  For a transaction to constitute an accord and satisfaction, it must be intended by the parties to have that effect, and therefore it ordinarily involves purely a question of intention.


[i] Tremont Constr. Co. v. Dunlap, 310 S.C. 180 (S.C. Ct. App. 1992)

[ii] Wilson v. Builders Transp., Inc., 330 S.C. 287 (S.C. Ct. App. 1998)

 [iii] Redmond v. Strange, 203 S.C. 35 (S.C. 1943)

Inside South Carolina – Accord and Satisfaction