Pierringer Agreement Sample

Postado por uffadmin em 21/abr/2023 - Sem Comentários

A pierringer agreement is a legal document designed to settle a portion of a legal dispute that is being contested in court. It is a type of settlement agreement used in personal injury cases where there are multiple defendants who are all being sued for the same injury.

The pierringer agreement allows the plaintiff to settle the dispute with one or more defendants, while still pursuing a claim against the remaining defendants. The agreement is named after the case of Pierringer v. Hoggett, which established the legal precedent for such agreements in Canada.

The pierringer agreement will typically involve a payment from the settling defendant to the plaintiff, in exchange for the plaintiff agreeing to release that defendant from further liability related to the injury. The agreement will also include provisions that state that the remaining defendants will not benefit from the settlement, as they will still be held liable for their portion of the damages.

It is important to note that the pierringer agreement must be agreed upon by all parties involved, including the plaintiff, the settling defendant, and the remaining defendants. If any of these parties do not agree to the terms of the agreement, it will not be valid.

Here is a sample of what a pierringer agreement may look like:

This Pierringer Agreement (the “Agreement”) is entered into by and among [Name of Plaintiff], [Name of Settling Defendant], and [Name(s) of Remaining Defendant(s)].

WHEREAS, [Name of Plaintiff] has filed a lawsuit in [Name of Court] against [Name of Settling Defendant] and [Name(s) of Remaining Defendant(s)], alleging injuries and damages as a result of [Describe incident].

WHEREAS, [Name of Plaintiff] and [Name of Settling Defendant] wish to settle their portion of the dispute, without affecting the rights and obligations of the remaining defendants.

NOW, THEREFORE, the parties agree as follows:

1. [Name of Settling Defendant] agrees to pay [Amount] to [Name of Plaintiff] in exchange for a release of all claims against [Name of Settling Defendant] related to the incident.

2. [Name of Plaintiff] agrees to release [Name of Settling Defendant] from all liability related to the incident.

3. The remaining defendants will not benefit from this settlement, and [Name of Plaintiff] has the right to pursue their claims against them.

4. This Agreement is binding on all parties, and may only be amended in writing and signed by all parties.

5. This Agreement is governed by the laws of the state of [State], and any disputes arising from this Agreement shall be resolved in the courts of [State].

6. This Agreement constitutes the entire agreement between the parties, and supersedes any prior agreements or understandings, whether written or verbal.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Signature of Plaintiff]

[Signature of Settling Defendant]

[Signature(s) of Remaining Defendant(s)]

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