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

State:
Multi-State
Control #:
US-03187BG
Format:
Word; 
Rich Text
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.

Free preview
  • 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

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

Finding the right legitimate document design might be a battle. Of course, there are plenty of web templates available online, but how will you find the legitimate kind you require? Use the US Legal Forms internet site. The services gives a huge number of web templates, like the Washington Complaint for Specific Performance to Enforce Settlement and for Punitive Damages, which you can use for organization and private demands. Every one of the kinds are examined by specialists and satisfy state and federal requirements.

Should you be already signed up, log in for your profile and click the Obtain key to obtain the Washington Complaint for Specific Performance to Enforce Settlement and for Punitive Damages. Utilize your profile to look through the legitimate kinds you may have purchased previously. Proceed to the My Forms tab of your profile and have yet another copy in the document you require.

Should you be a new consumer of US Legal Forms, listed here are simple instructions that you should follow:

  • Initially, make certain you have chosen the right kind for your metropolis/area. You may examine the shape while using Review key and look at the shape outline to make certain it will be the best for you.
  • In the event the kind does not satisfy your expectations, take advantage of the Seach industry to discover the right kind.
  • When you are certain that the shape is proper, click on the Acquire now key to obtain the kind.
  • Select the pricing program you would like and enter in the necessary info. Build your profile and pay for an order using your PayPal profile or Visa or Mastercard.
  • Choose the data file format and down load the legitimate document design for your device.
  • Full, change and printing and indicator the received Washington Complaint for Specific Performance to Enforce Settlement and for Punitive Damages.

US Legal Forms will be the largest local library of legitimate kinds that you can see different document web templates. Use the service to down load expertly-produced files that follow express requirements.

Form popularity

FAQ

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.

Once proven, the court has the power and the discretion to award specific performance ordering the parties to perform and complete the sale. In addition, the buyer may be entitled to an award of money damages for costs and fees, and any other consequential damages, caused by the seller's failure to perform.

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 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.

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.

Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.

Washington is one of the few states that generally does not allow punitive damages in personal injury cases. Unless the action is specifically allowed in a state statute, victims are not allowed to benefit from punitive damage awards.

2 The Washington Supreme Court heard oral arguments on September 11, 2001, and on November 21, 2001, it affirmed the Court of Appeals on all issues. ' As a result, punitive damages are now considered to be insurable in Washington State.

Trusted and secure by over 3 million people of the world’s leading companies

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