Week 8 - Agreement Flashcards
What must an agreement to abandon or vary a contract have?
Accord and satisfaction
What does accord mean?
Agreement
What does satisfaction mean?
Consideration, because the agreement must amount to a second contract
When is it easy to show consideration moves from both parties?
If neither party has performed their obligations
When is it hard to show consideration moves from both parties?
If one party has already performed part of their obligations
Bilateral discharge by agreement
If contract is still wholly or partially executory, each party is giving up their rights
Unilateral discharge by agreement
If one party has completely performed and the other party wants to be released from their obligations, they must provide some material benefit in return e.g compensation