chapter 14 Flashcards
settlement
an agreement or contract between parties that terminates their civil dispute
settlement summary
a summary of all essential information outlining the benefits of settling the case at an early stage in the litigations
settlement letter
a detailed account of the information needed to determine the benefit of settling a case
settlement brochure
a summary of facts designed to get the other side to settle a case
damages
money that a cout orders paid to a person who has suffered damages by the person who caused the injury
settlement conference
a metting of the parties to discuss settlement of the case
settlement agreement
a contract between two or more parties to settle a case; it involves the voluntary, mutual assent of the parties and the give and take element of and must be made by parties with the capacity to contract
consideration
settlement agreement is a contract it will not be valid unless each side gains something and each side gives up something
voluntary mutual assent
parties must agree the lawyers cant
high-low agreement
the parties agree that the outcome of the case will be no less than x and no more than y
loan receipt agreement
a contract between a claiment and settling tortfeasor by which they agree that one of them will prosecute the claim against another tortfeasor
tortfeasor
a persone who commits a tort either intentionally or through negligence
mary carter agreement
a secret or semisecret agreement between the claimant and one or more but not all the tortfeasors
general release
a document by which a claim or right is relinquished
partial release
the relinquishment of some claims and retentiion of others by a party