| 释义 |
accord and satisfaction
1. In contract law the purchase by one party to a contract of a release from his obligations under it when the other party has already performed his side of the bargain. A release of this one-sided nature constitutes a unilateral discharge of the contract; unless granted by deed, it can at common law be effected only by purchase, i.e. by a fresh agreement (accord) for which new consideration (satisfaction) is given. If, for example, A is due to pay £1,000 on a particular date to B for contractual services rendered, B might agree to accept £900 paid on an earlier date, the earlier payment constituting satisfaction. Compare bilateral discharge. See also estoppel. 2. In defamation, a procedure in which the claimant accepts, or agrees to accept, an apology and offer of amends; where such an offer is made and accepted, then the claimant may not bring (or continue) proceedings against the defendant. The statutory basis for this is now found in the Defamation Act 1996 (ss 2–4). It is designed to allow for a swift solution for a defendant who has made an innocent mistake and wants to avoid defending the claim on a substantive basis. |