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Maryland
Complaint for Specific Performance to Enforce Settlement and for...

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

Category:

Civil Actions - Complaints - Settlement Agreements

State:

Multi-State

Control #:

US-03187BG

Format:

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.

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

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FAQ

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.

In any civil action, if the court finds that the conduct of any party in maintaining or defending any proceeding was in bad faith or without substantial justification, the court, on motion by an adverse party, may require the offending party or the attorney advising the conduct or both of them to pay to the adverse ...

The only way to defend a specific performance lawsuit is to show that the party seeking performance has not met the requirements for specific performance, that there was a breach or fraud by the party seeking specific performance, or that specific performance is not the adequate remedy.

Specific performance is likely an available remedy when a seller can sell the property as agreed but simply has changed their mind about the transaction. In this case, the purchaser likely would have the right to sue the seller and insist upon specific performance.

The plaintiff must prove several elements to obtain specific performance. First, the plaintiff must show that there is a valid and enforceable contract between the parties. Second, the plaintiff must demonstrate that they are ready, willing, and able to perform their obligations under that contract.

When Should a Court Enforce Specific Performance? Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law.

The Court held that the plaintiff must prove ?actual malice? on the part of the defendant before punitive damages can be awarded. In the products liability context, that means actual knowledge of a defective product and deliberately disregarding known risk of harm to others.

A specific performance clause is typically enforceable as long as it is fair to both parties, and as long as the injured party can prove that the defendant failed to live up to their obligations and that they (the injured party) lived up to theirs.