New Mexico Forms Library

Decision Information

Form 13-836. Accord and satisfaction.

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Rule Set 13 - Uniform Jury Instructions — Civil - cited by 588 documents

Decision Content

13-836. Accord and satisfaction.

            __________________ (obligor) is excused from further performance of [his] [her] obligations under the contract if __________________ (obligor) (third party) has [offered] [performed] and __________________ (obligee) has accepted __________________ in full satisfaction of __________________ (obligor's) obligations under the contract.

 

USE NOTE

            This instruction is applicable to the defense traditionally labeled "accord and satisfaction," as well as to other defenses which go beyond strict accord and satisfaction, such as "novation,"  "substituted contract," or "executory accord."  When applicable, this defense may require use of UJI 13-805 through 13-813 NMRA (offer and acceptance).

[Adopted, effective November 1, 1991.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.