Can I sue for a breached settlement agreement? The check bounced.
I originally signed a settlement agreement with my former employer not to litigate claims against the company. The settlement agreement was signed by myself and the company. A check was issued on the scheduled date identified in the contractual agreement. Upon receipt of the check I deposited the check into the bank and the check came back as insufficient funds. My bank turned me over to the fraud department. The fraud department put me on alert and the bank had meetings to decide whether they wanted to keep me as a customer. As a result the company later issued me another check but did not even acknowledge any wrong doings or pay the fees I was charged by my bank. I think my contract was breached at this point.
1 answer | asked Jan 14, 2010 9:04 PM [EST] | applies to Ohio
Answers (1)
Since a settlement agreement is a contract, any remedy is governed by contract law. Contract law limits most contract remedies to money damages for the losses that the parties could reasonable foresee. Hence, you can recover the bank fees and interest. However, you cannot recover money damages for the embarrassment or aggravation caused by the breach.
posted by Neil Klingshirn | Jan 15, 2010 09:22 AM [EST]
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