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Civil Law Compromise, Common Law Accord And Satisfaction: Can The Two Doctrines Coexist In Louisiana?, Sally Brown Richardson

Sally Brown Richardson

Prior to 2007, Louisiana law was wrought with confusion regarding the civil law doctrine of compromise and the common law doctrine of accord and satisfaction. Although the Louisiana Civil Code only expressly provided for parties to end or prevent litigation through compromise, some Louisiana courts also utilized accord and satisfaction to determine if parties had settled their disputes. In jurisprudentially incorporating the common law institution, courts were inconsistent as to whether the doctrine led to the same result as the doctrine of compromise. Such inconsistency was troublesome because courts gave no guidance as to when the civilian doctrine of compromise …