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New York
Complaint for Specific Performance to Enforce Settlement and for...

New York 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

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 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.

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.

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.

A complaint for specific performance must allege: The terms of the contract are certain ? The seller and the buyer are clearly identified, the price is stated and the save description of the property being sold is clear.

In New York, there are no specific rules on the level of punitive damages available. In general, neither a punitive damage nor non-economic damage award in New York is capped. This means there is no limit to the amount of punitive or non-economic damages that can be awarded in a specific case.

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.

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.

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

Description

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

Form popularity

FAQ

In what circumstances would a buyer most likely sue for specific performance?

How do you defend against specific performance?

How do you enforce specific performance?

How do you win specific performance?

What is a cause of action for specific performance in New York?

Does New York have a cap on punitive damages?

Can you get specific performance and damages?

When can specific performance be enforced under a sales contract?

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

Description

Related forms

Viewed forms

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

Form popularity

FAQ

In what circumstances would a buyer most likely sue for specific performance?

How do you defend against specific performance?

How do you enforce specific performance?

How do you win specific performance?

What is a cause of action for specific performance in New York?

Does New York have a cap on punitive damages?

Can you get specific performance and damages?

When can specific performance be enforced under a sales contract?

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