Michigan 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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FAQ

(1) A person shall not assemble, develop, manufacture, possess, deliver, or use any type telecommunications access device with the intent to defraud by doing, but not limited to, any of the following: (a) Obtain or attempt to obtain a telecommunications service in violation of section 219a.

A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. Most commonly ordered in cases involving real property and rare chattels.

In a contract, a liquidated damages clause simply limits the amount of damages that one party to the contract will be liable for in the event that they breach the contract or somehow cause harm to the other party to the contract.

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.

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.

380.1307a Use of seclusion and restraint in public schools; adoption and implementation of local policy; noncompliance as violation of act.

In Michigan, punitive damages are not permitted to punish defendants, but exemplary damages are awarded to the plaintiff for especially despicable behavior on the part of the defendant. If you believe your case warrants exemplary damages, call a Detroit personal injury attorney at Christensen Law to discuss your case.

Material breaches occur when a defendant fails to perform an important obligation under the contract and that causes the contract to be ?irreparably broken.? A material breach makes it impossible for the other party to perform their obligations under the contract.

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