Accord
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
in contracts, isa satisfaction agreed upon between the party injuring and the party injured, which when performed is a bar to all actions upon this account.
3 BI. Com. 15; Bac. Abr. Accord.
In order to make a good accord it is essential:-— 1. That the accord be legal. An agreement to drop a criminal prosecution as a satisfaction for an assault and imprisonment, is void.
5 East, 2.
It must be advuntageous to the contracting party; hence restoring to the plaintiff his chattels, or his land, of which the defendant has wrongfully dispossessed him, will not be any consideration to support a promise by the plaintiff not to sue him for those injuries. Bac. Abr. A; Perk. s.
749; Dyer, 75. 3.
It must be certain, hence an agreement that the defendant shall relinquish the possession of a house in satisfaction, &c. is not valid, unlesa it is also agreed at whut time it shall be relinquished.
Yelv. 125. See 4 Mod. 88; 2 Johns. R. 342; 3 Lev. 189, 4.
The detendaat must be privy to the contract. If therefore the consideration for the promise not to sue proceeds from another, the defendant is a stranger to the agreement, and the circumstance that the promise has been made to him will be of no avail.
Str. 592. 5.
The accord must be executed.
5 Johns. R. 386; 3 Johns. Cas. 243; Com. Dig. Accord, B 4.
See in general Discharge of Obligattons.