Exam 22: Settlements, Releases, and Dismissals

A covenant not to sue is the same as a release.

A release cannot be enforced like a contract.

If the parties' stipulation for a voluntary dismissal fails to state whether the dismissal is with prejudice, what effect will a court give to the dismissal?

Any tortfeasor who did not pay his or her fair share for the release is liable to the party who bought the full and final release for:

An offer of judgment cannot be made unless a civil action has already been commenced and a settlement demand has been made.

The termination of a lawsuit by the court before a judgment is entered is called:

How does a covenant not to sue differ from a release?

The settling defendant who obtains a full and final release may bring an action against any joint tortfeasor who has concurrent liability to the claimant.

The Statute of Frauds requires that all settlement agreements be in writing.

Define -covenant not to sue