Which legal term describes an agreement that continues to exist even if an accord fails to be satisfied?

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 is the term "original contract." An original contract refers to the initial agreement between the parties that outlines their obligations, rights, and duties. Even if an accord (a new agreement aimed at resolving a dispute related to the original contract) fails to be satisfied, the terms and conditions of the original contract still remain in force. In legal scenarios, this means that the parties still have a binding agreement that can be enforced, and they are expected to adhere to the obligations as stipulated in the original contract.

Understanding this concept is important because it underlines the continuing validity of the original contractual relationship, irrespective of subsequent agreements that may not be fulfilled. This principle is significant in contract law, where parties may seek remedies based on the terms of the original agreement if a resolution or modification fails.

The other options do not capture this enduring nature of a valid agreement as effectively. For instance, abandonment refers to the relinquishing of rights under a contract, modification involves changes to the existing agreement, and termination indicates that a contract or relationship has been brought to an end. None of these options imply the continuation of an original binding agreement in the face of an unsatisfied accord.

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