Is settlement broken?

[bulleyes33]

I have a settlement with another party from 2 years ago.

Approx 1 month after the settlement was signed, I asked the other for it to be placed on hold. I notified the other party that this was unlikely to have any implications. (I am not 100% sure, but I believe they did not respond to the email, or confirm that it was on hold etc). All this was done by email. I claimed I was doing this as the settlement had not been completed, because although it had been signed by both parties etc, the other party had not put their company seal on it - the settlement had a space for this.

Approx 6 months later the other party credited my account (My account with the company - not my bank account) with an amount agreed to be paid under the settlement.

I have not asked for settlement to be cancelled since, etc. I did not confirm with the other party that it was no longer 'on hold'.

Apart from asking for settlement to be placed on hold, I have kept to the settlement conditions.

My questions are:

1. As I put the settlement on hold (not cancelled), is it still binding, and can I hold the other party to it?

2. Should I email the other party to confirm that the settlement stands, and is not on hold?

 

[quincy]

I have a settlement with another party from 2 years ago.

Approx 1 month after the settlement was signed, I asked the other for it to be placed on hold. I notified the other party that this was unlikely to have any implications. (I am not 100% sure, but I believe they did not respond to the email, or confirm that it was on hold etc).

Approx 6 months later the other party credited my account (My account with the company - not my bank account) with an amount agreed to be paid under the settlement. I claimed I was doing this as the settlement had not been completed, because although it had been signed by both parties etc, the other party had not put their company seal on it - the settlement had a space for this.

I have not asked for settlement to be cancelled since, etc. I did not confirm with the other party that it was no longer 'on hold'.

Apart from asking for settlement to be placed on hold, I have kept to the settlement conditions.

My questions are:

1. As I put the settlement on hold (not cancelled), is it still binding, and can I hold the other party to it?

2. Should I email the other party to confirm that the settlement stands, and is not on hold?

Any signed settlement agreement would (under most circumstances) be the enforceable agreement, over any requests to make changes in the settlement terms that were not put in writing and signed by both parties, and over any oral agreements that were made.

I am a bit confused as to what is going on in your situation, though.

 

[bulleyes33]

Last question.

Question #2.

If I have a settlement in place, and the other party takes me to court over matters since the settlement, can I raise issues in the settlement to show the history only (without actually claiming money back or any relief on the past issues) of the other party's behavior.

Or may this leave me in danger of breaching the contract?

The settlement bars either party from making claim about any issues that the settlement relates to.

I am only looking for a general answer as I appreciate that the settlement would have to be read for a definitive answer.

Thanks kindly.

 

[quincy]

It would depend on what the provisions in your agreement said about disclosure.

You can probably safely say you have a history with the other party but talking about your relationship as it relates to the settlement agreement could breach the terms. It is really impossible to say without seeing the agreement you entered into, bullseye33.

You might feel more comfortable buying an hour or two of an attorney's time and reviewing the agreement and all facts surrounding this agreement with him/her. I think a personal review is necessary.

But you can check back here from time to time to see if anyone else has words of wisdom for you.

Good luck.



(and thanks for adding your additional question here)

 

[bulleyes33]

Thanks

There is nothing about confidentiality or disclosure in the settlement terms if that helps.

It mainly says never party is entitled to relief what-so-ever, which i take it relief is money?

 

[justalayman]

Relief can be money but it can mean other things as well. As an example: say you and I have abutting properties. I have a garage that straddles the property line. We enter some sort of agreement that allows me to leave the building in place with no future relief available to either party.


Relief, after that agreement, could mean you wanting me to paint you side of my building some specific color you like or to block off the windows that face your side. (Kind of poor examples but I wanted to stay away from anything that involved money directly)

Relief simply is anything done or given to benefit or placate you.