Oregon Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

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US-03187BG
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Description

A settlement agreement is an agreement to terminate, by means of mutual concessions, a claim which is disputed in good faith. It is an amicable method of settling or resolving bona fide differences or uncertainties and is designed to prevent or put an end to litigation. Public policy favors settlement of litigation. It is well-settled public policy that settlement agreements are highly favored and will be enforced whenever possible.


Courts consider a settlement agreement as a contract, and construction and enforcement of settlement agreements are governed by principles of contract law. Accordingly, a settlement agreement is enforceable if the elements of a contract are present: " An agreement;
" Between competent parties;
" Based upon the genuine assent of the parties;
" Supported by consideration;
" Made for a lawful objective; and
" In the form required by law.

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  • Preview Complaint for Specific Performance to Enforce Settlement and for Punitive Damages
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FAQ

33.055 Procedure for imposition of remedial sanctions. (2) The following persons may initiate the proceeding or, with leave of the court, participate in the proceeding, by filing a motion requesting that defendant be ordered to appear: (a) A party aggrieved by an alleged contempt of court. (b) A district attorney.

Some other facts about punitive damages: In almost all cases, insurance will not cover any award for punitive damages. This is especially true with punitive damages arising from criminal behavior. It is a public policy in Oregon that people should not be able to ensure their criminal behavior.

Oregon does allow personal injury victims to be awarded punitive damages in civil lawsuits. However, punitive damages are not as common as one might think. Most personal injury claims do not result in the plaintiff recovering punitive damages. Proving the elements required to recover punitive damages can be difficult.

Overview. Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.

33.065 Procedure for imposition of punitive sanctions. (2) The following persons may initiate the proceeding by an accusatory instrument charging a person with contempt of court and seeking a punitive sanction: (a) A city attorney.

ORS 31.710(1) provides for a cap of $500,000 on noneconomic damages. On its face, the statutory cap applies to personal injury cases and wrongful death cases.

Because punitive damages are designed to not reward anyone but instead punish an at-fault party, the State of Oregon takes up to 70% of recovered monies.

Section 30.905 - Time limitation for commencement of action (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the ...

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Oregon Complaint for Specific Performance to Enforce Settlement and for Punitive Damages