Contract Vs Settlement Agreement
Finally, Mr Lumsden also argued that the settlement agreement should be cancelled on the grounds that it was unscrupulous. Schabas also expressed concern about this argument, as there was no evidence that the settlement agreement was unfair or reckless. It also noted that, given that the action had lasted six years, Mr. Lumsden had become aware of the legal proceedings and that there was no reason to believe that he did not know what he was doing. In practice, one party cannot do much to prevent another from making a decision on a construction contract, since the right of decision is prescribed by law. The defendants then filed a motion under Rule 49.09 of the Code of Civil Procedure that allows a party to seek judgment if an opposing party does not comply with a settlement agreement. To obtain such a request, the moving party must prove that a binding agreement has been reached. If established, the responding party must prove that there is a reason for the court to exercise its discretion to annul the agreement. . . .