Wednesday, June 26, 2019
Grace Giesel has posted to SSRN A New Look at Contract Mistake Doctrine and Personal Injury Releases. The abstract provides:
One might expect a court to look very skeptically when a party to a personal injury release asks a court to set aside the release. But many courts have reacted atypically when injured parties who have settled their claims have sought to have those releases set aside on the basis of a lack of understanding or knowledge about the injury. Absent facts supporting a claim of fraud or duress, injured parties have turned to the mistake doctrine for relief.