Is it necessary for an accord and satisfaction to be in writing?

The concept of accord and satisfaction involves an agreement between parties to settle a dispute or claim, often involving a payment that is different from what was originally owed. In general, the requirement for an accord and satisfaction to be in writing largely depends on the application of the Statute of Frauds.

The Statute of Frauds mandates that certain types of contracts must be in writing to be enforceable. For example, contracts involving the sale of goods over a certain monetary threshold must have a written agreement according to the Uniform Commercial Code (UCC). If the accord and satisfaction pertains to a contract that falls within the Statute of Frauds, then a written agreement would be necessary for it to be enforceable.

In situations where the dispute does not involve a contract covered by the Statute of Frauds, an accord and satisfaction can be valid and enforceable even if it is not in writing, assuming there is a clear agreement and mutual consideration from both parties.

Thus, the correct answer is that it is not necessary for an accord and satisfaction to be in writing unless it involves a type of contract that falls under the Statute of Frauds, thereby making the choice regarding the Statute of Frauds the appropriate response.