Attacking the
Agreement
A settlement agreement is contractual in nature,
to have legal validity such an agreement must
possess the essential elements of any other
contract. It is essential to the validity of a
compromise and settlement that there be parties
competent and authorized to contract in relation
to the subject matter, or that their acts, if not
authorized, be ratified.A definite meeting of the
minds of the parties is required.
It is immaterial that one party gets the best of the
bargain or that the agreement does not settle the
issues as the court might have settled them.
Causes of Action To Attack the
Agreement:
- fraud
- duress
- undue influence
- mutual mistake of fact
- abandonment of the contract
- violation of public policy
- lack of mental capacity
- unilateral mistake
- reconciliation
- unconscionably
