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

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

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  • 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

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FAQ

Punitive damages are only awarded in cases where the defendant's actions were particularly egregious, such as when they showed a reckless disregard for the safety of others.

Florida Statutes Section 768.79 encourages settlement of claims by providing an attorney fee shifting mechanism in instances where the defendant makes an offer of judgment to the plaintiff, and the ultimate judgment is one of no liability or the plaintiff obtains a judgment that is at least 25% less than the amount of ...

As mentioned above, Florida Statute Section 768.72 dictates when punitive damages are available in a lawsuit: ?A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross ...

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.

768.28, F.S., ?Waiver of Sovereign Immunity in Tort Actions.? Claimants who allege they have sustained bodily injury, personal injury, property damage or death due to negligence of a state employee, agent or volunteer must adhere to the provisions of s.

If a plaintiff files a demand for judgment which is not accepted by the defendant within 30 days and the plaintiff recovers a judgment in an amount at least 25 percent greater than the offer, she or he shall be entitled to recover reasonable costs and attorney's fees incurred from the date of the filing of the demand.

What Is Gross Negligence? ing to Florida Statute 768.72, gross negligence does not involve mistakes and failure to take reasonable precautions, as is generally the case with ordinary negligence. Gross negligence involves deliberate acts of carelessness.

Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages. There are exceptions, though.

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