§ 6A-3-311 - Accord and satisfaction by use of instrument.
SECTION 6A-3-311
§ 6A-3-311 Accord and satisfaction by useof instrument. – (a) If a person against whom a claim is asserted proves that (i) that person ingood faith tendered an instrument to the claimant as full satisfaction of theclaim, (ii) the amount of the claim was unliquidated or subject to a bona fidedispute, and (iii) the claimant obtained payment of the instrument, thefollowing subsections apply.
(b) Unless subsection (c) applies, the claim is discharged ifthe person against whom the claim is asserted proves that the instrument or anaccompanying written communication contained a conspicuous statement to theeffect that the instrument was tendered as full satisfaction of the claim.
(c) Subject to subsection (d), a claim is not dischargedunder subsection (b) if either of the following applies:
(1) The claimant, if an organization, proves that (i) withina reasonable time before the tender, the claimant sent a conspicuous statementto the person against whom the claim is asserted that communications concerningdisputed debts, including an instrument tendered as full satisfaction of adebt, are to be sent to a designated person, office, or place, and (ii) theinstrument or accompanying communication was not received by that designatedperson, office, or place.
(2) The claimant, whether or not an organization, proves thatwithin 90 days after payment of the instrument, the claimant tendered repaymentof the amount of the instrument to the person against whom the claim isasserted. This paragraph does not apply if the claimant is an organization thatsent a statement complying with paragraph (1)(i).
(d) A claim is discharged if the person against whom theclaim is asserted proves that within a reasonable time before collection of theinstrument was initiated, the claimant, or an agent of the claimant havingdirect responsibility with respect to the disputed obligation, knew that theinstrument was tendered in full satisfaction of the claim.