A New Look at Contract Mistake Doctrine and Personal Injury Releases

49 Pages Posted: 24 Jun 2019 Last revised: 17 Sep 2019

See all articles by Grace M. Giesel

Grace M. Giesel

University of Louisville - Louis D. Brandeis School of Law

Date Written: April 25, 2019

Abstract

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.

Keywords: Contracts, Mistake, Releases, Settlement

Suggested Citation

Giesel, Grace M., A New Look at Contract Mistake Doctrine and Personal Injury Releases (April 25, 2019). Nevada Law Journal, Vol. 19, No. 2, 2019; University of Louisville School of Law Legal Studies Research Paper Series No. 2019-05. Available at SSRN: https://ssrn.com/abstract=3405662

Grace M. Giesel (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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