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

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Multi-State
Control #:
US-03187BG
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Word; 
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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

In Louisiana, lawsuits for damages are called Petitions for Damages. Plaintiffs are called Petitioners. The Louisiana Rules of Civil Procedure prohibit Petitioners from stating specific dollar amounts for money damages in the Petition.

The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

Punitive damages are awarded when the defendant's conduct is determined to have been so "willful, malicious, or fraudulent" that it exceeds the legal criteria for mere or gross negligence.

Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

Cases That Warrant Punitive Damages There are a number of circumstances that would compel a court to order the defendant to pay punitive damages in Louisiana. A few examples of those circumstances are listed below: When you've been injured because of domestic violence.

Punitive damages can be awarded in certain cases when an individual commits actions which are particularly egregious, which may include: Wanton conduct; Intentionally negligent conduct; Fraudulent conduct; and.

Reckless behavior, particularly that which displays malice or highly despicable conduct, may allow you to sue for punitive damages; these are additional fees outside of simply those required to compensate you.

Punitive damages are only available when a defendant's conduct was fraudulent, intentional, or willful and wanton. Defendants who engage in such conduct are considered to have recklessly disregarded the substantial and high degree of risk that someone else might suffer severe injuries because of their behavior.

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