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Illinois Compiled Statutes

810 ILCS 5/3-311 (2026)

Accord and satisfaction by use of instrument

✓ current as of May 2026
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(810 ILCS 5/3-311) (from Ch. 26, par. 3-311)
    Sec. 3-311. Accord and satisfaction by use of instrument.
    (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.
    (b) Unless subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
    (c) Subject to subsection (d), a claim is not discharged under subsection (b) if either of the following applies:
        (1) The claimant, if an organization, proves that (i)
    
within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place.
        (2) The claimant, whether or not an organization,
    
proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i).
    (d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant or an agent of the claimant having direct responsibility with respect to the disputed obligation knew that the instrument was tendered in full satisfaction of the claim.
(Source: P.A. 87-582; 87-1135.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1997–2021 · leading case: McMahon Food Corp., & Counterdefendant-Appellant v. Burger Dairy Co., & Counterplaintiff-Appellee, 103 F.3d 1307 (7th Cir. 1997).
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McMahon Food Corp., & Counterdefendant-Appellant v. Burger Dairy Co., & Counterplaintiff-Appellee, 103 F.3d 1307 (7th Cir. 1997). · cites it 7× “810 ILCS 5/3-311 (1992). Section 3-311 provides: (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a…”
Progressive N. Ins. Co. v. Ayala, 2021 IL App (1st) 200384 (Ill. App. Ct. 2021). · cites it 2× “See 810 ILCS 5/3-311 (West 2018). However, in the Code, the first and second elements, as discussed in Saichek, are combined and provided as alternative elements that must be met.”
The Bd. of Library Trs. of the Vill. of Midlothian v. The Bd. of Library Trs. of the Posen Pub. Library Dist., 2015 IL App (1st) 130672 (Ill. App. Ct. 2015). “See 810 ILCS 5/3-311(a), (b) (West 2012). The record contains no evidence that any of Posen's payments included such a statement.”
Bd. of Library Trs. v. Bd. of Library Trs., 2015 IL App (1st) 130672 (Ill. App. Ct. 2015). “See 810 ILCS 5/3-311(a), (b) (West 2012). The record contains no evidence that any of Posen’s payments included such a statement.”
Sears Hometown & Outlet Stores, Inc. v. Rise Residential Constr., LP (N.D. Ill. 2018). “These facts, Rise insists, establish its affirmative defense under Illinois’ Uniform Commercial Code, 810 ILCS 5/3-311, titled “Accord and satisfaction by use of instrument.”
Bankers Leasing Ass'n v. Pranno (Ill. App. Ct. 1997). “(b) *** [T]he claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.”
— 810 ILCS 5/3-311(a) — 3 cases
McMahon Food Corp., & Counterdefendant-Appellant v. Burger Dairy Co., & Counterplaintiff-Appellee, 103 F.3d 1307 (7th Cir. 1997). “810 ILCS 5/3-311 (1992). Section 3-311 provides: (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a…”
The Bd. of Library Trs. of the Vill. of Midlothian v. The Bd. of Library Trs. of the Posen Pub. Library Dist., 2015 IL App (1st) 130672 (Ill. App. Ct. 2015). “See 810 ILCS 5/3-311(a), (b) (West 2012). The record contains no evidence that any of Posen's payments included such a statement.”
Bd. of Library Trs. v. Bd. of Library Trs., 2015 IL App (1st) 130672 (Ill. App. Ct. 2015). “See 810 ILCS 5/3-311(a), (b) (West 2012). The record contains no evidence that any of Posen’s payments included such a statement.”
— 810 ILCS 5/3-311(a)(i) — 1 case
Progressive N. Ins. Co. v. Ayala, 2021 IL App (1st) 200384 (Ill. App. Ct. 2021). “See 810 ILCS 5/3-311 (West 2018). However, in the Code, the first and second elements, as discussed in Saichek, are combined and provided as alternative elements that must be met.”
— 810 ILCS 5/3-311(c)(1) — 1 case
McMahon Food Corp., & Counterdefendant-Appellant v. Burger Dairy Co., & Counterplaintiff-Appellee, 103 F.3d 1307 (7th Cir. 1997). “810 ILCS 5/3-311 (1992). Section 3-311 provides: (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a…”
— 810 ILCS 5/3-311(d) — 1 case
McMahon Food Corp., & Counterdefendant-Appellant v. Burger Dairy Co., & Counterplaintiff-Appellee, 103 F.3d 1307 (7th Cir. 1997). “810 ILCS 5/3-311 (1992). Section 3-311 provides: (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a…”
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