this post was submitted on 10 Dec 2023
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[–] KevonLooney@lemm.ee 2 points 1 year ago (1 children)

But settling a dispute requires compensation for the party that was damaged. That's what a settlement is.

You can't say "If you don't do A, B, and C you can't sue me! Nah nah nah!" Without compensation courts are not going to believe that anyone knowingly agreed to the settlement.

Now if they gave everyone like $5 and said "Sign here where it says you can't sue," that would be different.

[–] lhx@lemmy.world 4 points 1 year ago

You’re referring to the contract concept of “consideration” which sometimes is the same as compensation but can also do doing/ not doing an action. Sometimes consideration isn’t required either, particularly if the original contract had adequate consideration and says future amendments don’t have to have it. (Depends a lot on which state). That may or may not matter here. It really depends on the specific terms at dispute and you can’t just assume it fixes this issue.