You are an attorney specializing in the defense of personal injury lawsuits brought against your clients. One day, Martha, a prospective client comes to
You are an attorney specializing in the defense of personal injury lawsuits brought against your clients. One day, Martha, a prospective client comes to your office. She owns a candy store in downtown Hartford, Connecticut. Two days ago, a 16 year old customer was in her store, and as he was sampling a gobstopper, he began to choke. As he gasped for air, he fell backwards, slipping on a small puddle of water that had accumulated shortly after his arrival at the store and as a result of a leak in the customer's own water bottle. Fortunately, the action of slipping caused the gobstopper to dislodge from the customer's throat but he did suffer a broken arm when he fell to the ground after his slip. Martha would like to settle the customer's claim as quickly as possible and without litigation but wants you to draft the settlement agreement for signature by the customer and Martha. The customer has agreed to accept $100.00 and a lifetime supply of gobstoppers in return for signing the settlement agreement. What considerations will you make in drafting the settlement agreement and what advice will you give to Martha about the enforceability of the settlement agreement?
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When drafting a settlement agreement for Martha several key considerations must be addressed to ensure that the agreement is legally binding and protects her interests Heres a structured approach and ... View full answer

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