If a party fails to satisfy the accord, what is the consequence?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

The correct answer highlights that if a party fails to satisfy the accord, the original agreement remains intact and unaffected. An accord is essentially a new agreement that substitutes or modifies an existing obligation. When one party does not fulfill their duties under the accord, the other party retains the rights under the original agreement. Therefore, they can pursue remedies based on that original contract, including seeking damages or enforcing the original agreement.

In this context, option B accurately reflects the principle that the failure of an accord does not nullify the underlying obligations of the original contract. The existence of an accord does not eliminate the original agreement; it merely provides a new framework for resolution. If the accord is not performed, the injured party can revert to the original terms and enforce that agreement.

This allows the parties to understand that the original contract remains a viable option and that the failure of the accord does not erase previously agreed-upon duties and rights. Each party retains their legal position per the original agreement despite the subsequent agreement.

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