Legal Question in Civil Litigation in Washington
Does original (1st) contract or 2nd contract prevail when 2nd is breached?
When an agreement is replaced by a 2nd [settlement] agreement, and the 2nd agreement is breached without any portion having ever been carried out by the breaching party, which agreement(s) can be enforced by the non-breaching party (when the 2nd agreement is silent on this point)?
1 Answer from Attorneys
Re: Does original (1st) contract or 2nd contract prevail when 2nd is breached?
What you are describing is the end, somehow, of an original contract, and a subsequent 'accord and satisfaction'.
However, in order for the second to prevail, it would need to be in writing. If it was an oral agreement modifying a written agreement there would be very few ways to show the existence of the second agreement.
One way is partial performance. There is also a concept called equitable estoppel which makes enforcement more likely or possible.
That said, your question as framed is almost impossible to answer. I hope this helps. Elizabeth