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401.308

401.308 Performance or acceptance under reservation of rights.

401.308(1)

(1) 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.

401.308(2)

(2) Subsection (1) does not apply to an accord and satisfaction.

401.308 - ANNOT.

History: 2009 a. 320.

401.308 - ANNOT.

This section does not apply to "full payment" checks. Three rules relating to consideration and accord and satisfaction are discussed. Flambeau Products v. Honeywell Systems, 116 Wis. 2d 95, 341 N.W.2d 655 (1984).