Civil Litigation, law assignment help

User Generated

NKryya

Business Finance

Description

Cain and Abel have decided to settle their case before it proceeds any further and causes them to expend more time and money. You have the previous information, including case caption, from the complaint and answer. Your supervising attorney has provided you with his final notes from the settlement conference and would like a settlement agreement and release drafted for his review. He has stressed that this document is of the utmost importance. He has provided you with two sample settlement agreements and requested you use these two samples to craft the settlement agreement for this client.

Settlement Sample 1

Settlement Sample 2

The information to be included is as follows:

  • The name of the case, including case number
  • Cain filed the action, Abel counterclaimed
  • Both parties deny any wrongdoing on own part
  • Neither party is to admit any wrongdoing or violation of any law
  • Both Cain and Abel agree that this is the full and final settlement agreement, and are waiving any claims against each other, known or unknown
  • Cain is to pay Abel $5000 for the defamatory statements made against him
  • Both parties are to keep all matters regarding the case and settlement as confidential
  • The settlement is the entire agreement
  • Both Cain and Abel have agreed to 7 days to review the agreement and sign it--after signature by both brothers, the agreement will become effective
  • Your supervising attorney proposes a "severability clause"
  • The agreement can be executed in parts, so that Cain doesn't need to sign the same piece of paper as Abel
  • A non-disparagement clause, preventing Cain from making disparaging comments about Abel in the future

You should ensure that the document is grammatically correct, and free from any spelling errors.

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Explanation & Answer

Attached.

SURNAME 1
Student Name:
Date:
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This settlement agreement and mutual release dated the __21____ day of_ __May________,
2017____, is between Cain and Abel.

WHEREAS, Cain brought charges against Abel and;

WHEREAS, various differences emerged between Cain and Abel to their initial disputes, and;

WHEREAS, in lieu of the money as well as time associated with the litigation process, the two
parties have in unison decided to settle their disputes, conciliate as well as settle all the disputes ,
claims, as well as controversies regarding the case as portrayed herein.

NOW THEREFORE, for good as well as expensive consideration, both parties agree as follows:

1. Cain agrees to fully disregard the disputes and discard the associated negative information on
Abel’s credit report derived from this transaction within 30 days of the date of execution of this
agreement.

SURNAME 2
2. Cain, on his behalf as well as on the behalf of his affiliates and heirs releases, as well as
forever discharges Abel from all claims, lawsuits, among other actions either present or future,
that are known or other that are unknown, on the legal or equitable capacity that might arise from
disputes that existed prior the date hereof.
3. Abel on his behalf, as well as on the behalf of counsel and heirs, hereby remises and forever
discharges Cain its subsidiaries and counsel, from all c...


Anonymous
Really useful study material!

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