Release and Accord

Release and Accord

Release and Accord

An accord is an agreement to accept a substituted performance in satisfaction of a claim, and satisfaction is its execution. Together they discharge the underlying obligation.

A release discharges a claim directly without substituted performance.

Alternative Names:

Accord and Satisfaction, Release and Satisfaction

Why it Matters?

The doctrine appears most often in disputed debt contexts where a payment tendered as full satisfaction is accepted, which can discharge the entire claim even where the amount was less than owed. Depositing a check marked payment in full can constitute acceptance in some jurisdictions, though many have modified that rule by statute. Confirming the applicable rule before negotiating any tendered instrument is the practical step.

Frequently asked questions

Can depositing a check discharge a larger claim?

Can depositing a check discharge a larger claim?

In some jurisdictions yes where marked as full satisfaction of a disputed amount, though many states have modified the rule by statute.

How does accord differ from release?

How does accord differ from release?

Accord substitutes a different performance which must then be rendered, while a release discharges the claim directly.