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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Queen v. Postell, 513 A.2d 812 (1986)

Citation
Queen v. Postell, 513 A.2d 812 (1986)
Parent Document
Queen v. Postell, 513 A.2d 812 (1986)
Jurisdiction
DC (municipal)
Effective Date
1986-08-05

Other Sections in This Document (80)

Full Text

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The trial court did not err in giving this instruction. In our opinion if a plaintiff in a lawsuit unequivocally accepts a settlement offer, this has the effect of lulling the defendant into believing that interposing a defense or filing a motion to dismiss is unnecessary. Hence, even if a plaintiff did not deliberately intend to trick his opponent into foregoing a defense or missing a trial date, he may be liable for breach of contract unless he instructs his counsel to act affirmatively to prevent execution of a default judgment. A showing of actual fraud or collusion is unnecessary. 6 See general *816 ly