Also known as: accordant
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An agreement under which an obligee promises to accept a stated performance in satisfaction of the obligor's existing duty. Performance of the accord discharges the original duty.
The granting of complete relief among existing parties to an action when determining whether a nonparty must be joined.
Each sense below has its own examples, sources, and questions.
An agreement under which an obligee promises to accept a stated performance in satisfaction of the obligor's existing duty. Performance of the accord discharges the original duty.
Aaron Adams sold land to Alexandra Armstrong after stating the soil was stable for building. Soil tests later showed instability that existed at the time of sale. The statement failed to match the actual condition of the property.
The President issued an order limiting entry from several majority-Muslim countries and cited national security concerns. Challengers attacked the order on Establishment Clause grounds. Courts applied rational basis review because of the foreign affairs context.
The granting of complete relief among existing parties to an action when determining whether a nonparty must be joined.
BlueWave Imports sued OceanReach Lines for damage to machinery during overseas shipment. OceanReach asserted that HarborLift Stevedoring shared responsibility for the loss because of how the cargo was loaded. The court ordered HarborLift joined because without it the court could not fully allocate liability and costs between the parties already before it.
Mountain Learning contracted with the City of Roswell to provide online tutoring. Both parties assumed the district's internet could handle simultaneous video sessions for all expected students. The assumption proved false when the infrastructure proved inadequate.
A union sued an employer to enforce a collective bargaining agreement in federal court. The employer argued the agreement lacked binding force. The court held that federal law supplied the remedy to make such agreements enforceable.
An employee sued a retail employer for employment claims. The employer moved to compel arbitration under a signed agreement. The court construed the statute to exclude only specific transportation workers from the arbitration requirement.
An accord itself does not discharge the duty. Discharge occurs only upon performance of the accord, which is called satisfaction.
A mistake is a belief that does not match the facts. A misrepresentation is an assertion that does not match the facts.
Joinder ensures the court can fully resolve the dispute between the parties already before it in a single judgment rather than leaving the allocation incomplete.
…the late Professor William H. Page and issued in 1933, stated (at p. 53, sec. 90): “The Wisconsin cases do not seem to be in accord with this section of the Restatement. It is certain that no such proposition has ever been announced by the Wisconsin court and it is at least doubtful if it would be approved by the…