Question

when one of the parties to an agreement wants to substitute a different performance for his original duty under the contract, he is seeking a(n) ______. multiple choice accord and satisfaction novation substituted contract mutual rescission addendum

Explanation:

To solve this, we analyze each option:

• Accord and satisfaction: Involves a new agreement (accord) to satisfy an existing debt, often with a different performance, matching the scenario of substituting performance.
• Novation: Substitutes a party or a contract, not just performance.
• Substituted contract: Replaces the entire contract, not just a duty's performance.
• Mutual rescission: Terminates the contract, not substitute performance.
• Addendum: Adds to the contract, not substitute performance.

So "accord and satisfaction" fits the description of substituting a different performance for an original duty.

Answer:

A. accord and satisfaction