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MShore, Attorney
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Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Based on your input I responded to the packing company. They

Resolved Question:

Based on your input I responded to the packing company. They have come back with a letter that they are forgoing litigation for now, but my father has to stop making disparaging remarks about them in public, and would we consider some payment as my father did sign the contract and they informed them (verbally) that the $3000 paid by the continuing care community.

If I remember my business law, it seems they are seeking an accord and satisfaction. I have considered their arguments and our counters, and while I think in a litigation I would give them nothing and pursue damages, to revolve this and put it behind us, I am thinking of giving them a payment of $600, 20% over the initial 3,000 and putting on the check payment in full settlement of all claims regarding the packing and move support for my parents on date, and accompany this with a letter that acceptance of this payment constitutes a final settlement. Would this work? Please advise? Thanks, XXXXX XXXXX
Submitted: 3 years ago.
Category: Legal
Expert:  MShore replied 3 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Yes, this would work provided that you couch your settlement payment as a good faith attempt to resolve the matter amicably and without either party incurring the costly legal fees associated with litigation. But rather than state a number, ask them to first state a number and negotiate down from there.Please let me know if you have any follow up questions.
Customer: replied 3 years ago.
Thank you, XXXXX XXXXX believe I need to provide an amount as my parents want to give them nothing, or as my father stated offer them one cent (which I told him would solve nothing and inflame the situation), but an amount of money between 10-20% is what I would consider a reasonable overrun. The thing is the contract had a rate, they were told that generally the payment made by the community would generally cover it and then were hit with a bill exceeding 100% of the original payment. The contract is not one that I would have signed. Had my dad dealt with this when younger, I doubt that he would have signed it. So we are dealing to a certain extent with diminished capacity. If I ask them to offer a settlement, they might offer 50% and that is a no-go even from my standpoint. I know my parents would even be upset with $600 but they have put this in my hands. Given that did this go to litagation, while I know you never know what a judge or jury may do, my parents would come off very sympathetic and there is evidence that would be damaging to the company. A judgement against the company would be very damaging not only from the monetary standpoint, but also to their reputation. So my position is to provide an offer between $300-600 which I will base on further reviewing the facts. I feel that an amount in this range would at least give them pause rather than pursuing litagation. From your experience what do you think of my strategy?
Expert:  MShore replied 3 years ago.
I think an offer of $300 initially would be good, hoping to reach a resolution at $600.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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Negotiate, Draft, and Review many complex commercial agreements each year.