New Jersey Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

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US-03187BG
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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

Under New Jersey Court Rule A, parties in certain civil cases are required to take part in mandatory, non-binding arbitration. Mandatory non-binding arbitration in New Jersey can lead to early resolution of cases, saving all parties' attorneys' fees and other costs.

The three main elements of a compensatory damage award: Lost wages, medical bills and pain and suffering.

Punitive damages are awarded in addition to compensatory damages. Punitive damages are rarely awarded for breach of contract. They arise more often in tort cases, to punish deliberate or reckless misconduct that results in personal harm.

These general compensatory damages include: Mental anguish. Disfigurement. Future medical expenses. Future lost wages. Long-term physical pain and suffering. Loss of consortium. Inconvenience. Loss of enjoyment of life.

You may award punitive damages to (plaintiff) only if you find that (plaintiff) has proved certain additional matters. N.J. 212, 224 (2008) found that the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-15-5.9, et al.

There are two types of compensatory damages a court can award a plaintiff: Special damages: These damages are easy to calculate as they are based on actual expenses incurred by the victim. They include medical expenses, lost wages, property damage, and litigation costs.

In tort law, compensatory damages, also known as actual damages, are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages. The Supreme Court held in Birdsall v.

Compensatory damages In a personal injury case pay for losses like medical expenses and lost wages as well as emotional suffering. Economic and non-economic damages are the two main categories of compensatory damages.

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New Jersey Complaint for Specific Performance to Enforce Settlement and for Punitive Damages