ch 20 Flashcards
how will compromises be enforced in adjudicative procedures/arbitration?
register the award with court of the state
enforce through a civil judgement
how will compromises be enforced in construction industry adjudications?
not registrable
bring court proceedings and enter judgment
how will compromise be enforced in non-adj?
enforcement of the contract
how will compromise be enforced in non-adj with a court judgement or order?
enforce that judgement order
how will ACAS decisions be enforced?
county court
how will compromise be enforced of expert determination?
sue on breach of contract
what is not enforced?
original dispute
result of settling a claim?
accord and satisfaction
three exceptions allowing a party to sue based on original dispute?
express term reviving old obligations in event of non-performance
compromise is based on performance of the agreed terms
compromise is ineffective
can you go back to court to change endorsement on back of counsel’s briefs?
yes
what tends to be the result of entering judgment on breach of compromise contract?
enter judgement in default
apply for summary judgement
when does bankruptcy apply?
individuals
when does insolvency apply?
companies and partnerships
disadvantage of doing bankruptcy/winding up instead of civil claim?
unlikely to receive more than a small percentage of amount owed
when can a settlement be set aside?
fraud misrepresentation mistake undue influence economic duress
