Del. Code Ann. tit. 6, § 1-308 – Performance or acceptance under reservation of rights | Midpage
§ 1-308
Del. Code Ann. tit. 6, § 1-308
Performance or acceptance under reservation of rights
5A Del. C. 1953, §§ 1-207; 55 Del. Laws, c. 349; 70 Del. Laws, c. 86, § 2; 74 Del. Laws, c. 332, § 1;
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient.
(b) Subsection (a) does not apply to an accord and satisfaction.