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

Category:
Civil Actions - Complaints - Settlement Agreements
State:
Multi-State
Control #:
US-03187BG
Format:
Word; 
Rich Text
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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

Oral agreements arising from mediation can be enforceable under some circumstances. Parties in pre-litigation can still use Code of Civil Procedure §664.6 to enforce a settlement. Parties in arbitration can use Code of Civil Procedure §664.6 to enforce a settlement.

In considering the amount of any punitive damages, consider the degree of reprehensibility of the defendant's conduct [, including whether the conduct that harmed the plaintiff was particularly reprehensible because it also caused actual harm or posed a substantial risk of harm to people who are not parties to this ...

What Is the Law for Punitive Damages in a Pennsylvania Injury Case? In Pennsylvania, punitive damages may be awarded for outrageous conduct. Conduct is outrageous when the defendant has an evil motive or when they act with reckless indifference to the rights of others.

If the parties request it, the court can maintain jurisdiction over the parties until the settlement has been performed in full, giving the court the ability to enforce the settlement's terms. Then, if one party is not complying with the settlement agreement, the other party may file a motion to enforce the agreement.

If a party breaches the terms of the agreement, the other can bring a motion to enforce the consent to judgment. A consent to judgment can be an invaluable part of a mediated or negotiated settlement agreement since it disincentives a potential breach. It also makes enforcement more expeditious and less expensive.

If you can prove that a settlement is flawed, you can have it overturned. If a settlement agreement is signed under duress or deception, it might not be legal. A settlement agreement may also be revoked due to a mistake made by both parties or a false statement made by the other party.

Amendment or supplementation of the pleadings to allege the settlement agreement as an executory ; 2. Initiation of a separate action for breach of the settlement agreement; and 3. A motion to enforce settlement. The third remedy is the most common and is usually the most cost-effective.

Remedies to a breach of a settlement agreement Cancellation of the agreement; Claiming specific performance. Apply for an interdict; Damages; or. A declaration of rights.

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