New Mexico Forms Library
Decision Information
Rule Set 13 - Uniform Jury Instructions — Civil - cited by 594 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.]