Where a written settlement agreement expressly incorporates the terms of one specific email by reference, terms from other emails in the same negotiation chain are not incorporated into the agreement. Pre-contractual email exchanges constitute negotiations only and do not form part of the resulting contract unless expressly incorporated. An accord executory is capable of specific performance provided its terms are clear. A term for mutual releases will not be implied for commercial efficacy where the parties accepted limited finality pending agreement on a formal deed.
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