Cruz v. Chavez

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Trickey, J.

Civil Rule 2A precludes enforcement of a settlement agreement where there is a genuine dispute of material fact regarding the existence of the agreement. Under principles of contract law, which govern settlement agreements, mutual assent is an essential element for the formation, or existence, of a valid agreement. Here, the plaintiffs demonstrated a question of material fact as to the validity of plaintiff Gilberto Ramirez’s assent by presenting *916evidence that the defendant and his attorney induced Ramirez’s assent through deceptive, coercive, or otherwise wrongful tactics. In so…