Is a settlement agreement a form of contract?
Nova Scotia, Canada
The following excerpt is from Langthorne v. Humphreys, 2011 NSSC 44 (CanLII):
A settlement agreement is a form of contract. See Scaravelli J. In Gunvaldsen-Klaasen v. Bulpitt 2009 NSSC 66 at paras. 31-32. Therefore one must examine whether a contract was made between the parties applying the law of contract.
To form a binding contract the parties privy thereto must agree on all the essential terms of the contract. Essential terms may be implied rather than expressed, but courts are reluctant to imply the existence of essential terms of a contact - Roscoe JA at para. 47 Sinanan v. Woodyer (1994), 1999 NSCA 74 (CanLII), 176 N.S.R. (2d) 201 (CA).
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