Arkansas Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

State:
Multi-State
Control #:
US-03187BG
Format:
Word; 
Rich Text
Instant download

Description

A settlement agreement is an agreement to terminate, by means of mutual concessions, a claim which is disputed in good faith. It is an amicable method of settling or resolving bona fide differences or uncertainties and is designed to prevent or put an end to litigation. Public policy favors settlement of litigation. It is well-settled public policy that settlement agreements are highly favored and will be enforced whenever possible.


Courts consider a settlement agreement as a contract, and construction and enforcement of settlement agreements are governed by principles of contract law. Accordingly, a settlement agreement is enforceable if the elements of a contract are present: " An agreement;
" Between competent parties;
" Based upon the genuine assent of the parties;
" Supported by consideration;
" Made for a lawful objective; and
" In the form required by law.

Free preview
  • Preview Complaint for Specific Performance to Enforce Settlement and for Punitive Damages
  • Preview Complaint for Specific Performance to Enforce Settlement and for Punitive Damages
  • Preview Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

How to fill out Complaint For Specific Performance To Enforce Settlement And For Punitive Damages?

Discovering the right legal papers format can be a have difficulties. Naturally, there are plenty of web templates accessible on the Internet, but how do you obtain the legal kind you require? Make use of the US Legal Forms website. The assistance offers a large number of web templates, such as the Arkansas Complaint for Specific Performance to Enforce Settlement and for Punitive Damages, that you can use for organization and personal demands. All the types are checked by experts and meet up with state and federal specifications.

When you are currently signed up, log in for your profile and click the Download button to find the Arkansas Complaint for Specific Performance to Enforce Settlement and for Punitive Damages. Make use of your profile to appear from the legal types you have ordered formerly. Proceed to the My Forms tab of your own profile and get an additional duplicate of the papers you require.

When you are a new user of US Legal Forms, listed here are easy instructions that you should stick to:

  • Initially, make certain you have selected the appropriate kind for the metropolis/region. You can look over the form using the Review button and look at the form description to ensure this is basically the right one for you.
  • In the event the kind is not going to meet up with your expectations, take advantage of the Seach area to discover the right kind.
  • Once you are certain the form is proper, go through the Purchase now button to find the kind.
  • Select the prices plan you desire and enter the needed details. Design your profile and pay money for the order making use of your PayPal profile or charge card.
  • Opt for the file file format and down load the legal papers format for your gadget.
  • Total, change and produce and indication the obtained Arkansas Complaint for Specific Performance to Enforce Settlement and for Punitive Damages.

US Legal Forms may be the most significant local library of legal types where you can see numerous papers web templates. Make use of the service to down load professionally-produced files that stick to express specifications.

Form popularity

FAQ

Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.

A plaintiff is more likely to obtain an order of specific performance in a real estate sale dispute than in many other types of litigation actions. That is because of the inherently unique nature of a parcel of real estate.

Once proven, the court has the power and the discretion to award specific performance ordering the parties to perform and complete the sale. In addition, the buyer may be entitled to an award of money damages for costs and fees, and any other consequential damages, caused by the seller's failure to perform.

Ing to Arkansas Cade § 16-55-208(a), punitive damages could not exceed $250,000 or triple the total compensatory damages, whichever amount was greater.

The main disadvantage of specific performance is that it may be impractical or impossible to enforce. It may be difficult to monitor or supervise the performance of the contract, especially if it involves ongoing or complex obligations.

418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...

Yes, as part of the specific performance decree, the court has the power to award damages. The damages available, however, are generally incidental to the decree. That means that the court awards damages as a result of the defendant's breach.

Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.

Trusted and secure by over 3 million people of the world’s leading companies

Arkansas Complaint for Specific Performance to Enforce Settlement and for Punitive Damages