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Vermont – Accord and Satisfaction

To constitute an accord and satisfaction in Vermont, an offer must be such that if a creditor accepts it, creditor is bound to understand that s/he takes it in full settlement.[i]  If one who has a disputed or unliquidated claim against another accepts and retains a less amount than s/he claims is due, which is offered by the other in full settlement of such claim, it operates as an accord and satisfaction of such claim.[ii]

The party asserting accord and satisfaction must establish that:

  • the claim is disputed;
  • s/he offered to pay less than the amount purportedly due; and
  • the other party accepted and retained the lesser amount offered in full settlement of his/her claim.


[i] Curran v. Bray Wood Heel Co., 116 Vt. 21 (Vt. 1949)

[ii] Harrington v. Mutual Benefit Health & Accident Ass’n, 108 Vt. 48 (Vt. 1936)

Inside Vermont – Accord and Satisfaction