§ 6A-3-311. Accord and satisfaction by use of instrument.
(a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.
(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:
(1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place.
(2) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i).
(d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.
History of Section.P.L. 2000, ch. 238, § 3; P.L. 2000, ch. 421, § 3.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Chapter 6A-3 - Negotiable Instruments
Part 3 - Enforcement of Instruments
Section 6A-3-301. - Person entitled to enforce instrument.
Section 6A-3-302. - Holder in due course.
Section 6A-3-303. - Value and consideration.
Section 6A-3-304. - Overdue instrument.
Section 6A-3-305. - Defenses and Claims in Recoupment.
Section 6A-3-306. - Claims to an instrument.
Section 6A-3-307. - Notice of breach of fiduciary duty.
Section 6A-3-308. - Proof of signatures and status as holder in due course.
Section 6A-3-309. - Enforcement of lost, destroyed, or stolen instrument.
Section 6A-3-310. - Effect of instrument on obligation for which taken.
Section 6A-3-311. - Accord and satisfaction by use of instrument.
Section 6A-3-312. - Lost, destroyed, or stolen cashier’s check, teller’s check, or certified check.