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Paul Porvaznik – Business Litigator

Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)

Tag Archives: accord and satisfaction

Appeals Court Gives Teeth to “Good Faith” Requirement of Accord and Satisfaction Defense

A common cautionary tale recounted in 1L contracts classes involves the crafty debtor who secretly short-pays a creditor by noting  “payment in full” on his check. According to the classic “gotcha” vignette, the debtor’s devious conduct forever bars the unwitting creditor from suing the debtor. Whether apocryphal or not (like the one about the newly …

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Posted byPaulPDecember 22, 2017January 10, 2020Posted inBusiness Torts, Civil ProcedureTags: accord and satisfaction, commercial litigation, creditor, debtor, fisher kanaris, Porvaznik, promissory note, UCC
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