accord and satisfaction

简明释义

协议与补偿

英英释义

例句

1.The parties reached an accord and satisfaction after lengthy negotiations, resolving the dispute amicably.

双方在漫长的谈判后达成了和解与满意，友好地解决了争端。

2.After the car accident, the insurance company offered an accord and satisfaction to cover the damages.

在汽车事故之后，保险公司提供了一项和解与满意以赔偿损失。

3.The landlord and tenant signed an agreement that included an accord and satisfaction clause to settle outstanding rent issues.

房东和租户签署了一份协议，其中包括一项和解与满意条款，以解决未付租金的问题。

4.In contract law, accord and satisfaction is a method to settle a debt by accepting a different performance than originally agreed.

在合同法中，和解与满意是一种通过接受与原先约定不同的履行来解决债务的方法。

5.The employee accepted a smaller bonus as part of an accord and satisfaction to resolve the pay dispute.

员工接受了较小的奖金作为解决薪酬争议的和解与满意的一部分。

作文

In the realm of contract law, the concept of accord and satisfaction plays a critical role in resolving disputes between parties. It refers to an agreement where one party agrees to accept a performance different from what was originally agreed upon, effectively discharging the original obligation. This legal principle is essential for understanding how parties can negotiate their way out of contractual obligations when circumstances change or when there is a dispute over the terms of the contract.To illustrate this concept, consider a scenario where a contractor has been hired to complete a renovation project for a homeowner. The original contract stipulated that the work would be completed by a certain date for a specific payment amount. However, due to unforeseen circumstances, such as bad weather or supply chain issues, the contractor is unable to meet the deadline and must ask for an extension. In this situation, the homeowner might agree to extend the deadline but request a reduction in the payment amount as compensation for the inconvenience. This new agreement, which modifies the original contract, represents an accord and satisfaction because both parties have come to a mutually acceptable resolution that alters their initial obligations.The importance of accord and satisfaction extends beyond mere contractual modifications; it also serves as a means to promote fairness and encourage parties to resolve their disputes amicably. When parties are able to negotiate new terms that suit their current needs, they foster a cooperative environment rather than allowing conflicts to escalate into litigation. This not only saves time and resources but also preserves relationships that could be damaged by prolonged disputes.However, for an accord and satisfaction to be legally enforceable, certain criteria must be met. First, there must be a clear agreement between the parties regarding the new terms. This agreement should be documented to avoid any future misunderstandings. Second, the performance under the new agreement must be executed as agreed upon. Finally, the new terms must be accepted by both parties voluntarily, without coercion or undue pressure.In conclusion, the principle of accord and satisfaction is a fundamental aspect of contract law that allows parties to adapt their agreements in response to changing circumstances. By understanding this concept, individuals can better navigate the complexities of contractual relationships and disputes. The ability to reach a new agreement not only resolves potential conflicts but also promotes a spirit of cooperation and mutual respect among parties. As such, accord and satisfaction serves as a vital tool in the landscape of legal agreements and negotiations, ensuring that all parties can find a satisfactory outcome even when challenges arise.

在合同法的领域中，‘accord and satisfaction’这一概念在解决当事人之间的争议中发挥着关键作用。它指的是一项协议，其中一方同意接受与原先约定不同的履行，从而有效解除原有的义务。这一法律原则对于理解当事人在情况变化或合同条款争议时如何协商解除合同义务至关重要。为了说明这个概念，考虑这样一个场景：一位承包商被雇佣为一位房主完成装修项目。原合同规定工作将在特定日期之前完成，且支付特定金额。然而，由于不可预见的情况，例如恶劣天气或供应链问题，承包商无法按时完成工作，必须请求延期。在这种情况下，房主可能会同意延长截止日期，但要求减少支付金额以作为对不便的补偿。这个修改原合同的新协议代表了‘accord and satisfaction’，因为双方达成了一个相互可接受的解决方案，改变了他们最初的义务。‘accord and satisfaction’的重要性不仅仅体现在合同修改上；它还作为促进公平、鼓励当事人友好解决争议的一种手段。当当事人能够协商出适合他们当前需求的新条款时，他们就能营造出一种合作的环境，而不是让冲突升级为诉讼。这不仅节省了时间和资源，还保护了可能因长期争议而受到损害的关系。然而，为了使‘accord and satisfaction’在法律上具有可执行性，必须满足某些标准。首先，双方必须对新条款达成明确的协议。该协议应予以记录，以避免今后产生误解。其次，新的协议项下的履行必须按照约定执行。最后，新条款必须由双方自愿接受，不得有强迫或不当压力。总之，‘accord and satisfaction’原则是合同法的一个基本方面，它允许当事人根据变化的情况调整他们的协议。通过理解这一概念，个人可以更好地驾驭合同关系和争议的复杂性。达成新协议不仅解决了潜在的冲突，而且促进了当事人之间的合作精神和相互尊重。因此，‘accord and satisfaction’作为法律协议和谈判领域的重要工具，确保所有当事人即使在面临挑战时也能找到令人满意的结果。