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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 …