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Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Cleveland State Law Review
Many personal injury cases that appear on court calendars, as well as many not filed, are settled before trial. Settlements usually involve payment by the alleged wrongdoer in consideration of a release executed by the injured party. As for the alleged wrongdoer, this act settles the conflict in that the releasor has bargained away his legal remedy. As for the releasor, compensation for the injury was his objective. Sparse authority to the contrary, a release constitutes a contract, the validity of which can be affected by fraud, duress or mistake. Generally, one need not go into equity and pray for …
Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle
Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle
Cleveland State Law Review
The instrument termed a release is a contract that clearly portrays a meeting of the minds. It explicitly states a release from liability for known, unknown, present, and future injuries. In attempting to avoid such a release the party ordinarily may allege the grounds he may have under the law of contracts. In personal injury releases, these grounds usually take the form of charges of fraud or misrepresentation, coercion, inequitable circumstances, mutual mistake of law, unilateral mistake of fact, inadequate consideration, or mutual mistake of fact. We shall deal here with the defense of mutual mistake.