Settlement And Release Agreement : Settlement

The Court ruled in favor of the appellant, and the decision is described as follows:

To properly understand the events a chronological descripcion of the litigation is to be provided.

…in every compact between two or more parties, the obligation is mutual; that the failure of one of the contracting parties to perform a material part of the agreement, entirely releases the obligation of the other; and that where no arbiter is provided, each party is remitted to his own judgment to determine the fact of failure, with all its consequences.

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

It was difficult to conclude to the above decisions; however, the Smith’s, Martin, and Miller all felt it was best to listen to each others reasoning’s while in the negotiation process.  The termination contract was a success.  Both parties looked for positives that benefit themselves and each other in every area; leading to a fair and equitable deal to be achieved.  This termination contract will benefit both parties to provide a firm foundation for their future.

• If the settlement becomes questionable or if it becomes necessary to examine case documents to determine if a settlement has been achieved, an exception may apply.

event that the parties cannot reach an agreed settlement" (Cohen, C.E., & Cohen, M.E., 2002).

shown in the case of Branson v Bower (No.1) where the claimant tried to sue on the

agreed to what happened, and the dispute is about attaching a label to the defendants action, but as

THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:

Additionally, the Changes clause, in linking with the Disputes clause, offers an opening of reprieve if a dispute arises as to what is reasonable compensation.

I agree and understand that the representation will involve taking the following steps on my behalf:

The First Defendant is sued for his conduct as the Plaintiffs’ real estate agent in connection with an agreement for the sale of the Onehunga property from the Plaintiffs to Hugh’s Property Portfolio Limited, and the Herne Bay agreement.

In consideration of the mutual promises and conditions hereinafter contained, it is agreed between the Parties as follows:

The plaintiff has raised something that should be mentioned by the Defendant as a defence