The respondent brought a motion to enforce a settlement arising from family and related civil proceedings concerning the parties’ jointly owned business.
The moving party had accepted an offer to settle shortly after a major customer issued a notice terminating its business relationship, which allegedly significantly reduced the value of the company.
The responding party argued that the offer was no longer capable of acceptance or that enforcement would be unfair and unconscionable due to the business’s diminished value and alleged bad faith.
The court held that the responding party affirmed the settlement through post‑acceptance conduct, including excluding the other party from the business and proceeding as if the agreement existed.
The settlement was therefore enforceable and not unjust or unconscionable in the circumstances.
