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Accord and Satisfaction requires Good Faith Conduct

The party asserting accord and satisfaction must prove that “the amount of the claim was unliquidated or subject to a bona fide dispute.” [See Florida’s Uniform Commercial Code, § 673.3111(1).]  The dispute cannot arise after the party seeking accord and satisfaction tenders the payment instrument intended to satisfy or discharge the debt.  *** The party seeking accord and satisfaction must also tender the instrument in good faith.  Because Florida caselaw regarding good faith in an accord and satisfaction context is relatively undeveloped, court decisions in other states with similar accord and satisfaction statutes are instructive.  *** “Accord and satisfaction is something that must be...

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