Lack of Agreement on the Term 'Implicit' Insufficient To Preclude Enforcement

In his Settlement and Compromise column, Thomas E.L. Dewey discusses the case 'Garmashov v. United States Parachute Association,' which he uses as a"reminder to practitioners and clients alike that, if a party's agreement to settle is contingent on a yet-to-be resolved settlement term, that position must be communicated explicitly and frequently."

April 14, 2023 at 02:00 PM

8 minute read

Thomas E.L. Dewey

When parties to a litigation negotiate a settlement agreement, they often agree on certain core terms before others, including the scope of the parties' releases and the amount of any monetary compensation. And, if parties have not yet memorialized their settlement in a fully executed agreement, the parties' consensus on these terms bears on the enforceability of any preliminary agreement.