Another example would be that a lender agrees to borrow $100,000 at an interest rate of 5.0% for 30 years, and the loan documents are all established for a loan at an interest rate of 6.0%. If the lender agrees to reduce the purchase costs by an additional $1,000 and borrowers agree, there has been convergence and satisfaction. If borrowers later complain of a breach of contract, the transaction (offer and acceptance of the USD 1000) is a match and satisfaction and constitutes a valid defense of the borrower`s action. Seeking: “Compliance and Satisfaction” in The Oxford Reference “When a person is prosecuted for alleged guilt, that person carries the burden of proof of the affirmative defence of compliance and satisfaction. Compliance and satisfaction is a clause in contract law that deals with the adoption of a new form of compensation instead of the initial commitment created by a contract. In essence, agreement and satisfaction are a contract in a contract. Instead of rejecting the contract entirely, both parties can decide to enter into an agreement and honour that agreement, which therefore fulfills the entire contract. Since a treaty essentially replaces a legitimate treaty, it must also have the basis for a legitimate contract, including: just because a treaty is concluded does not mean that the original treaty is not rejected. The original contract is still in effect, but it is suspended provided the contract meets its conditions. If the agreement is reached, the agreement and the original contract are deemed to be honoured. The main difference between an agreement and an innovation is the intention of the parties. See Paramount Aviation Corp.
Agusta, 178 F.3d 132 (3d Cir. N.J. 1999). An agreement and satisfaction is a replacement contract for the payment of a debt by an alternative other than full payment. The consideration of an agreement is often the solution of a contentious claim. While the new promise itself fulfills existing claims, it is consistent with the new promise that fulfills the already existing duty. The peculiarity of an agreement and satisfaction lies in the fact that the subject does not intend to satisfy the existing law only with the introduction of the agreement. You or he can do it only according to performance or satisfaction. If satisfaction is not offered, the debtor may sue under the original claim or for breach of the agreement. On the other hand, Novation Bars Revival of the existing obligation.