If you breached the settlement agreement...

Asked by DDanon on 04-09-2023 10:24:31
Question posted in the General Law category relating to Gauteng

If you breached the settlement agreement (i.e. the repayment plan) then what the lender reverts back to using the old summons and apply for default judgment instead of issuing a NEW summons section or rule are they violating.

2. Is a sick not a good reason to ask for condonation if you miss the day to respond by 2 days

3. Instead of submittng the defending affidavit at the respondent's office can you submitt it on case line

Message from the Lawyer

Posted by Att. Patrick on 04-09-2023 11:51:26

In law, we would say that the conclusion of the agreement (i.e., repayment plan) settles the overall dispute, and that the settlement agreement "novates" the original claim. The settlement agreement "does away" with the original dispute and settles the matter.  Therefore, if there is a breach of the settlement agreement, that would be a new cause of action and there would need to be a new summons.  

Unless, there is a specific agreement that the settlement agreement would NOT constitute a novation of the original claim. In that instance, the bank could continue with the summons. 

Re 2) - yes, being sick would be a good reason for condonation. 

Re 3) - that's 100% okay. 

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