- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 3. Negotiable Instruments
- Section 311. Accord and Satisfaction By Use of Instrument.
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AS 45.03.311. Accord and Satisfaction By Use of Instrument.
- (a) The provisions of this section apply if a person against whom a claim is asserted proves that
- (1) the person in good faith tendered an instrument to the claimant as full satisfaction on 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 (c) of this section 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 (d) of this section, a claim is not discharged under (b) of this section if either of the following
- (1) the claimant, if an organization, proves that
- (A) 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
- (B) the instrument or accompanying communication was not received by that designated person, office, or place; or
- (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, unless the
claimant is an organization that sent a statement complying with (1)(A) of this subsection.
- (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.
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