Podcast
Questions and Answers
What does an offer of compromise typically include?
What does an offer of compromise typically include?
- Admission of liability
- Acceptance of costs from the other party
- A demand for payment
- Future claims against the party (correct)
An unconditional offer can be disclosed in court.
An unconditional offer can be disclosed in court.
True (A)
What is the significance of a 'without prejudice' offer?
What is the significance of a 'without prejudice' offer?
It protects the offer from being used against the party in court.
The _____ of offer/tender must be given to all parties involved in the litigation.
The _____ of offer/tender must be given to all parties involved in the litigation.
Match the following terms related to compromise offers with their meanings:
Match the following terms related to compromise offers with their meanings:
What is the main characteristic of an unconditional offer?
What is the main characteristic of an unconditional offer?
Accepting a compromise offer allows the offeree to pursue further claims for the balance.
Accepting a compromise offer allows the offeree to pursue further claims for the balance.
What phrase indicates an offer made under denial of liability?
What phrase indicates an offer made under denial of liability?
A compromise offer must include the wording '______' to indicate it is an offer to settle.
A compromise offer must include the wording '______' to indicate it is an offer to settle.
Match the type of offer with its description:
Match the type of offer with its description:
Flashcards
Unconditional Offer
Unconditional Offer
An offer made to settle a legal claim where the offeror admits liability for all or part of the claim.
Compromise Offer (Without Prejudice Offer)
Compromise Offer (Without Prejudice Offer)
An offer made to settle a legal claim where the offeror denies liability but is willing to settle for a lesser amount.
Consequences of Accepting a Compromise Offer
Consequences of Accepting a Compromise Offer
The process of accepting a compromise offer extinguishes the entire claim, meaning both parties are released from any further legal action.
Offers to Settle During Litigation (HC Rule 84)
Offers to Settle During Litigation (HC Rule 84)
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Contents of a Written Offer/Tender (HR 34(5))
Contents of a Written Offer/Tender (HR 34(5))
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Offer of Compromise
Offer of Compromise
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Performance Claim
Performance Claim
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Sting (Rule 84(2))
Sting (Rule 84(2))
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Notice of Offer/Tender
Notice of Offer/Tender
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Study Notes
Compromise Offer: Pitfalls
- A dispute can be settled at any time prior to the institution of legal proceedings, usually after demand & offer.
- Carefully worded compromise offer: "For the sole purpose of setting this matter, and without admitting my liability for any part of your claim, I hereby offer, without prejudice, the amount of R20 000 in full & final settlement of your present claim & any future claims, you may seek to bring against me, incl. all related claims for interest & costs arising from the motor vehicle collision which took place on 1 January 2016 at the corner of Jan Smuts Drive & Lancashire Road, Johannesburg, between motor vehicles GP 1007 & BDH 869 GP."
Compromise Offer: Cautions
- Ensure wording is clear and unambiguous.
- Consider the offer carefully in a full and final settlement.
- Ensure clear intent to settle.
- Include all costs of both parties.
- Provide clear reasons for denial.
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Description
This quiz covers the key aspects of compromise offers in legal disputes, focusing on the importance of clear wording and the implications of full and final settlements. Learn how to navigate the complexities of making and receiving such offers in a legal context, ensuring that all parties' interests are considered.
