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

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Multi-State
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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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  • 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

Currently, punitive damages are generally uninsurable in five states (California, Colorado, New York, Rhode Island, and Utah) under the idea that allowing for the insurability of punitive damages undermines the punishing effect that such awards are meant to have.

Compensatory damages can include pain and suffering, lost wages, loss of earning potential, incurred medical bills, future medical treatment, loss of consortium, funeral expenses, etc. In contrast, punitive damages are designed to punish the offender instead of compensating the victim.

Before awarding punitive damages, the court must take several factors into account. The following points are of particular importance: Assessing if the defendant's actions were malicious, intentional, or grossly negligent. Looking at similar cases to determine if punitive damages were awarded.

§ 29-39-104. This law places a cap on punitive damages of two times the compensatory damages or $500,000, whichever is greater. In 2011, Tennessee Governor Bill Haslam signed the Tennessee Civil Justice Act, a tort reform measure limiting monetary damages. Tenn.

Fortunately, Tennessee law allows plaintiffs to recover damages for their pain and suffering.

A plaintiff is more likely to obtain an order of specific performance in a real estate sale dispute than in many other types of litigation actions. That is because of the inherently unique nature of a parcel of real estate.

Tennessee damage caps Tennessee does not cap economic damages. However, Tennessee does place a cap on non-economic damages in the amount of $750,000. In cases where the plaintiff suffers ?catastrophic injuries,? the $750,000 cap is increased to $1 million.

If you're seeking punitive damages, you need to prove that the defendant had malicious intent or acted negligently. In either one of those circumstances, cases can move forward in Tennessee.

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