settlement agreement and release drafted, law homework help

Cain and Abel have decided to settle their case before it proceeds any further and causes them to expend more time and money. You have the previous information, including case caption, from the complaint and answer. Your supervising attorney has provided you with his final notes from the settlement conference and would like a settlement agreement and release drafted for his review. He has stressed that this document is of the utmost importance. He has provided you with two sample settlement agreements and requested you use these two samples to craft the settlement agreement for this client.

Settlement Sample 1

Settlement Sample 2

The information to be included is as follows:

• The name of the case, including case number
• Cain filed the action, Abel counterclaimed
• Both parties deny any wrongdoing on own part
• Neither party is to admit any wrongdoing or violation of any law
• Both Cain and Abel agree that this is the full and final settlement agreement, and are waiving any claims against each other, known or unknown
• Cain is to pay Abel $5000 for the defamatory statements made against him
• Both parties are to keep all matters regarding the case and settlement as confidential
• The settlement is the entire agreement
• Both Cain and Abel have agreed to 7 days to review the agreement and sign it–after signature by both brothers, the agreement will become effective
• Your supervising attorney proposes a “severability clause”
• The agreement can be executed in parts, so that Cain doesn’t need to sign the same piece of paper as Abel
• A non-disparagement clause, preventing Cain from making disparaging comments about Abel in the future

You should ensure that the document is grammatically correct, and free from any spelling errors.

Facts about the case

Cain is the Plantiff, and Abel is the defendant

• He got into an accident with his brother, but his brother turned out into the lane in front of him, causing the accident.
• He believes his brother was intoxicated at the time and was speeding.
• He knows his brother went to the hospital, but is unsure of the extent of his injuries or medical bills. He is sure, however, that his brother is faking some of his injuries–he saw him moving furniture shortly after the accident. This also leads him to believe he could still perform his job.
• He is furious with his brother, and wants to sue him for defamation. His brother has been going around town telling “everyone” that he intentionally ran him over because he thought Cain was going to tell Abel’s wife about an affair Abel was engaged in.
• Abel adamantly denies hitting his brother on purpose, and is furious, as he has never engaged in an affair. Regardless, news of his brother’s statements about him have spread amongst the town, and Abel recently lost an election whereby he was running for the Blackacre School Board. Polling showed he lost the election due to the public’s concern over his moral fitness.