Tort Law

This page is a compilation of cases reported by the Virginia Supreme Court dealing with topic of accord and satisfaction.For more information on accord and satisfaction see the page on Wikipedia.

Accord And Satisfaction-Cases

2001 Brown v. Sparks, 262 Va. 567, 554 S.E.2d 449.

Plaintiff had been charged with criminal assault. Assault charge was dismissed without trial. It was genuine issue of fact as to whether that dismissal included an understanding on the viability of any civil remedies and as such, it was improper for trial court to dismiss action on summary judgment based on accord and satisfaction since factual issues existed. 

1991 Kelly v. R.S. Jones & Assocs., 242 Va. 79, 406 S.E.2d 34.

Plaintiff accepted consideration paid in this wrongful death claim. Although Virginia law requires that wrongful death cases be court approved, that requirement did not apply in this instance since death occurred out of state.

1977 Wright v. Orlowski, 218 Va. 115, 235 S.E.2d 349.

Accord and satisfaction is method of discharging contract or cause of action whereby parties agree to give and accept something in settlement of claim or demand. Plaintiff signed covenant not to sue insurance company for defendant and agreed to non-suit defendant. This was held to be effective release.

1973 M. & B. Constr. Co. v. Mitchell, 213 Va. 755, 195 S.E.2d 873.

Plaintiff accepted $1,000.00 check under protest. There was no accord and satisfaction.

1968 Cotman v. Whitehead, 209 Va. 377, 164 S.E.2d 681.

Release of one joint tortfeasor releases other when based on accord and satisfaction.

1965 Katzenberger v. Bryan, 206 Va. 78, 141 S.E.2d 671.

Defendant was attorney hired by plaintiff to do title search. It was negligently done and as result, plaintiff paid for land that seller did not actually own; plaintiff settled with seller in contract. This accord and satisfaction did not bar plaintiff’s tort action against defendant.

1963 Atkins v. Boatwright, 204 Va. 450, 132 S.E.2d 450.

Defendant sent reduced amount to plaintiff as payment in full. Plaintiff cashed check and noted on check that it was accepted as partial payment only. No accord and satisfaction.

1946 Owen v. Wade, 185 Va. 118, 37 S.E.2d 759.

Accord and satisfaction is method of discharging contract or settling cause of action in tort whereby any unliquidated or disputed claim may be settled upon any terms or at any price agreed upon by parties.