401.308 Performance or acceptance under reservation of rights.
(1) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice," “under protest," or the like are sufficient.
(2) Subsection (1) does not apply to an accord and satisfaction.
History: 2009 a. 320.
This section does not apply to “full payment" checks. Three rules relating to consideration and accord and satisfaction are discussed. Flambeau Products v. Honeywell Systems, 116 Wis. 2d 95, 341 N.W.2d 655 (1984).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 401 - Uniform commercial code — general provisions.
401.104 - Construction against implied repeal.
401.106 - Use of singular and plural; gender.
401.201 - General definitions.
401.203 - Lease distinguished from security interest.
401.205 - Reasonable time; seasonableness.
401.301 - Territorial applicability; parties' power to choose applicable law.
401.302 - Variation by agreement.
401.303 - Course of performance, course of dealing, and usage of trade.
401.304 - Obligation of good faith.
401.305 - Remedies to be liberally administered.
401.306 - Waiver or renunciation of claim or right after breach.
401.307 - Prima facie evidence by 3rd-party documents.
401.308 - Performance or acceptance under reservation of rights.