Chapter Questions
What are some of the advantages the parties obtain by settling their case before trial?
Why should a settlement agreement and release be reduced to writing?
When is court approval of a settlement agreement necessary to make the agreement effective?
How does a covenant not to sue differ from a release?
Why are releases favored by the law?
In a comparative fault state, what kind of a release would a claimant propose for settling the claim against one defendant when several defendants are jointly liable?
If the parties' stipulation for a voluntary dismissal fails to state whether the dismissal is with prejudice, what effect will a court give to the dismissal?
What advantages may the defendant obtain by making an offer of judgment to the plaintiff?
Under what circumstances might the claimant and the tortfeasor agree that the tortfeasor should stipulate that a consent judgment may be entered against him or her?
Why would parties consider entering into a high-low agreement?