The Contract Agreement Is Enforceable And Binds The Parties

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Having concluded that the July 7, 2009 settlement agreement is enforceable and binds the parties, we must then interpret the terms of that agreement. “Settlement agreements are enforceable as independent contracts, subject to the same general rules of construction that apply to other contracts.” Maslow v. Vanguri, 168 Md. App. 298, 316 (2006). We begin by observing that the interpretation of a contract is a question of law subject to de novo review. Spacesaver Sys., Inc. v. Adam, 440 Md. 1, 7 (2014). Moreover, in Maryland, we employ the objective theory of contracts, under which: “[A court is to] determine from the language of the agreement itself what a reasonable person in the position of the parties would have meant at the time it…show more content…
The agreement in this case was an accord aimed to resolve a dispute that arose resulting from Kaye’s representation of Wilson-Gaskins in her dispute against GEICO. Wilson-Gaskins was contemplating pursuing a professional negligence claim against Kaye. In consideration for “a reduction in what Kaye would otherwise have been entitled to under [the parties’] retainer agreement,” Wilson-Gaskins agreed to: [R]elease and forever discharge Kaye . . . of and from any and all action, claims and demands including claims or actions for contribution or indemnity of whatever nature now existing or which may hereafter arise out of the legal representation of Wilson[-Gaskins] in regard to Lawsuit including any consequences thereof now existing or which may develop, whether or not such consequences are known or anticipated. In Wilson-Gaskins’s prior appeal we held that this agreement operates as a release that discharged any amount to which Kaye may have been liable to Wilson-Gaskins. The question in this case, however, is whether the language in this agreement expresses an affirmative promise by Wilson-Gaskins not to sue on claims within its scope. Kaye contends that the release given by Wilson-Gaskins contains
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