Monday 23 March 2015

In a settlement agreement when one party dates the document in error - what are the legalities in any transactions that occur prior to that ...

Question

In a settlement agreement when one party dates the document in error - what are the legalities in any transactions that occur prior to that date. I understand the last date is used and basically postpones any administration till after that date - but what if some administration has occurred?



Answer

I can't imagine why an incorrect date (a "scrivener's error") would invalidate or delay administration. The settlement agreement is still binding on the parties. However, your question is too vague - we don't know enough of the story, for any of us here to provide you with an answer that you can rely on. We don't even know the nature of the dispute that caused the need to execute a settlement agreement.



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