What is the enforceability of a settlement agreement in civil litigation?

In South Carolina, settlement agreements reached in civil litigation are usually enforced. This means that if one party promises to do something in exchange for the other party promising to do something, then a court can order that party to fulfill that promise. A settlement agreement is a contract between two parties, so the same principles of contract law apply. In South Carolina, that means that each party must have the capacity to enter into a contract, both parties must have given consent to the agreement, and there must be consideration, or something of value exchanged. If these conditions have been met, and both parties have a shared intent to be legally bound by the terms of the contract, it is likely that a court will enforce the agreement. However, there are some exceptions. For example, if a contract was obtained by fraud, duress, or misrepresentation, then it is not enforceable. Additionally, if the terms of the settlement agreement are not certain or impossible to execute, then it is also not enforceable. Overall, settlement agreements are usually enforceable in South Carolina. If all the conditions of a legally binding contract are met, then a court will likely order the parties to fulfill the terms of the agreement.

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