Wash. Court of Appeals published opinion — 387844_pub.pdf

Citation: Wash. Court of Appeals published opinion — 387844_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/387844_pub.pdf ↗

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Accord and Satisfaction

When arguing accord and satisfaction, WSU relies on Lehrer v. Department of

Social & Health Services, 101 Wn. App. 509 (2000), already discussed. WSU does not

separately analyze the elements of accord and satisfaction. WSU does not educate this

court on how accord and satisfaction outflanks the highest of priorities in preventing

discrimination and retaliation.

The principle of accord and satisfaction recognizes a debtor’s and creditor’s

agreement to settle a claim by some performance different from that which is claimed

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38784-4-III
Elgiadi v. Washington State University

due. Pugh v. Evergreen Hospital Medical Center, 177 Wn. App. 348, 358, 311 P.3d

1253 (2013). Once the creditor accepts the substituted performance, it amounts to full

satisfaction of the claim. Pugh v. Evergreen Hospital Medical Center, 177 Wn. App.

348, 358 (2013). An accord and satisfaction, like any contract, can be set aside, in whole

or in part, for such reasons as mutual mistake, illegality, or frustration of purpose. Teel v.

Cascade-Olympic Construction Co., 68 Wn.2d 718, 720, 415 P.2d 73 (1966); Paopao v.

Department of Social & Health Services, 145 Wn. App. 40, 46, 185 P.3d 640 (2008).

Thus, accord and satisfaction does not preclude Saleh Elgiadi from contending a portion

of the settlement agreement to be void because it breaches public policy.

Severance

I now face the most difficult of the questions posed: what remedy should be

granted Saleh Elgiadi. When a court finds one or more provisions in a contract

unenforceable, the court must decide whether to remove the unenforceable provisions