Texas Business & Commerce Code

§ 3.311 — ACCORD AND SATISFACTION BY USE OF INSTRUMENT

BC § 3.311Title 1. UNIFORM COMMERCIAL CODE · Ch. 3. NEGOTIABLE INSTRUMENTS · Art. C. ENFORCEMENT OF INSTRUMENTS

Statute text

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(a)Subsections (b)-(d) apply if a person against whom a claim is asserted proves that:

(1)that person in good faith tendered an instrument to the claimant as full satisfaction of the claim;

(2)the amount of the claim was unliquidated or subject to a bona fide dispute; and

(3)the claimant obtained payment of the instrument.

(b)Unless Subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

(c)Subject to Subsection (d), a claim is not discharged under Subsection (b) if either of the following applies:

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Legislative history

Added by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.