LAW 122 Lecture 22: ch22
1 Oct 2017
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Johan is required to pay 000 to klavier"s wife even though they both now realize that he could not possibly be liable under the tort of defamation. The parties entered into an enforceable settlement contract. He promised to pay her 000 and she promised to drop her lawsuit against him ie she gave her forbearance to sue. It is irrelevant that the lawsuit was actually invalid. (it would be different, however, if klavier"s widow knew at the time that she threatened litigation that her claim was invalid. ) The promise provided by klavier"s widow did not actually release. Nevertheless, it did provide him with a benefit because it relieved him of the expense and effort of a full lawsuit. The former is past consideration and therefore cannot support an enforceable contract. It is given in response to the services that have been rendered, but those services were not given in response to the promise to pay.
