And now, on the merits of the matter.
Is a binding contract concluded?
- The main question to be decided is If a binding agreement has been made between Himanuta and the Patriarchate. I will preface the beginning and say that in my opinion the answer to this is yes, except that the agreement that was made is not a compromise agreement, but rather DetailsAll, as will be explained in detail below.
At the outset, it is worth mentioning at the outset basic concepts according to which it is not the way for the appellate court to intervene in factual determinations or in the findings of reliability of the trial court, which is directly impressed by the witnesses and the evidence. This rule is valid in the case before us, in which the District Court clarified that He found the testimonies of the witnesses on behalf of Himanuta to be reliable, detailed and reasoned, "integrating with each other in a reliable and accurate manner, with the testimony of each of them separately strengthening the others to the point of creating one complete mosaic" (paragraph 131 of the judgment). However, as I have already noted and as will be explained below, my legal conclusion is not identical to that of the trial court, and if we proceed in light of the factual determinations of the trial court and the material before us, we have no choice but to determine that a binding agreement was made, which is the particular. Naturally, this conclusion has implications for the nature of the remedy that should be awarded in the present case, which is not subsistence damages due to a breach of the duty of good faith in negotiations under Section 12 Law The Contracts (as the District Court ruled), but rather a remedy of contract enforcement. And these are the things.
- We have brought above the text of the detail in its entirety, and in order to understand its nature, we will once again put before our eyes the main conditions that were set forth in it:
(-) The parties undertook to settle the dispute between them in accordance with the provisions of the Settlement Agreement Draft A, which was attached to the particular, "the wording of which was finally agreed upon and approved by the parties and their attorneys" (clause 2).