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7 Cards in this Set

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  • Back
Accord and Satisfaction
An agreement for payment (or other performance) between two parties, one of whom has a right of action against the other. After the payment has been accepted or other performance has been made, the accord and satisfaction is complete and the obligation is discharged.
Consideration
Generally, the value given in return for a promise or a performance. The consideration, which must be present to make the contract legally binding, must be something of legally sufficient value and bargained for.
Covenant not to sue
An agreement to substitute a contractual obligation for some other type of legal action based on a valid claim.
Forbearance
The act of refraining from an action that one has a legal right to undertake.
Past Consideration
An act done before the contract is made, which ordinarily, by itself, cannot be consideration for a later promise to pay for the act.
Release
A contract in which one party forfeits the right to pursue a legal claim against the other party.
Rescission
(pronounced reh-sih-zhen) A remedy whereby a contract is canceled and the parties are returned to the positions they occupied before the contract was made; may be effected through the mutual consent of the parties, by their conduct, or by court decree.