The new agreement is the “accord,” and the subsequent performance of the new agreement is the “satisfaction.” The main difference between an accord and satisfaction and a contract modification is that a contract modification immediately discharges the preexisting contractual duty upon execution of the modification, while an accord and satisfaction only discharges the preexisting contractual duty when the alternate performance is completed. The defense of accord and satisfaction is one that often arises during construction projects in the context of disputes concerning amounts owed
the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment.
Shea Connelly argued that the amount Revive received on the Glendale Project, where it did not work, could be an accord and satisfaction
Under New York law, force majeure clauses are given a narrow strict reading in accord with their purpose, which is “to limit damages in a case where the reasonable expectation of the parties and the performance of the contract have been frustrated by circumstances beyond the control of the parties. 6 New York courts are extremely reticent to interfere with contract provisions
The point was to first give the rioters notice that their behavior was wrong and then provide them with an opportunity to disperse on their own accord, otherwise, they would be dispersed at the point of the bayonet