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| Business Contracts & Partnerships Oral and written contracts, corporate partnership, partnership agreements, transactions, disputes, litigation, etc. |
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#1 |
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I was recently involved in a motor vehicle accident in Calgary, Alberta. I was the one at fault. The owner of the other vehicle met with me and he asked me to pay for his losses; things such as lost work time, food he had to consume, etc. He did not give me a comprehensive list of what he was going to do with the money. He requested [X Amount of Money] and I agreed to that. When I paid him, I had him sign the following contract that went like this:
This legally binding contract hereby declares that: PERSON1 has received X Amount of Money from PERSON2 as the agreed full payment for the losses he sustained from a motor vehicle accident that occurred on [DATE] involving PERSON2. PERSON1 agrees to not pursue charges, claims, or legal suits against PERSON2 pertaining to the motor vehicle accident that occurred on [DATE] involving PERSON2. The following signing parties hereby declare that they have read this legal contract, understand its conditions, and agree to abide by the conditions set forth by this contract. x________________________________ Date_______________________ x________________________________ Date_______________________ We both signed the contract. Can I use this to deny him from receiving any more money from me or my insurance? |
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#2 |
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Yes--that should be binding on him.
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#3 |
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So the person I signed this contract with cam back to me and demanded that we write another contract. The new contract states that he received $800 for a payment towards 3 lost days of work and would not be using the money towards the vehicle repairs.
He again agreed to not pursue charges, claims, or legal suits against me. He informed me, however, that he did inform his insurance company. Can my insurance company and I still deny him payments? Does this contract void the last one, bearing in mind that the new document does not state that it voids the previous one? Thank you. |
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#4 |
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You need not sign a new contract...
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#5 |
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We both signed this new document, so my question is still:
Can I deny him any more from me or my insurance? |
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#6 |
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The new contract can void the old one if it appears to address the identical topic--usually you try to address that point when making a new but similar agreement. If it says nothing then a court has to decide what you intended if the issue is in dispute.
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#7 |
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This person now says that this is not a legal document adn that I can't use it against him, called his insurance and the insurance says they have the legal right to collect from me. I did not want to pay that XAMOUNT for nothing. What can I do?
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#8 |
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A signed agreement is binding normally???
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#9 |
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yes...
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