The power of these types of offers was illustrated
in a Superior
Court of Justice decision released last week where the plaintiffs were successful both
in obtaining judgment and
in defending the counterclaim, but nevertheless
ended up writing a cheque to the defendant.
I would submit that this form is most valuable to lawyers who
end up litigating on behalf of litigants claiming damages or
defending their positions against same based upon not only dishonest and misleading statements that most assuredly appear on these SPIS smooth deal - facilitator documents, but also upon assumed honestly held but nevertheless misleading statements (the seller «thinks» he / she knows the correct answer to a question, but
in fact does «not» know for sure, and guesses... yes... or no) that can ultimately lead to an expensive
court case.