Αποτελέσματα Αναζήτησης
Merely reciting that Civil Code section 1542 is waived, or that the parties intend to waive unknown claims, is not sufficient. There must be independent evidence that the releasing party intended to release unknown claims.
15 Νοε 2023 · Civil Code section 1542 provides, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
17 Φεβ 2015 · The builder agreed to pay plaintiff $25,000 in exchange for a release of the construction defect matter and a Civil Code section 1542 waiver of all known or unknown construction defect claims in the home.
THE PARTIES ACKNOWLEDGE AND AGREE THAT EACH HAS HAD AN OPPORTUNITY TO ASK QUESTIONS AND CONSULT WITH AN ATTORNEY OF THEIR CHOICE BEFORE SIGNING THIS AGREEMENT, INCLUDING THE APPLICATION AND MEANING OF THE CIVIL CODE SECTION 1542 WAIVER.
Section 1542 now reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
24 Ιαν 2019 · This change codifies subsequent case law which established that Section 1542 is not limited to monetary claims but also includes claims in workers compensation proceedings, personal injury cases, and employment cases.
10 Ιουν 2019 · Civil Code Section 1542 waivers are commonly included in many types of transactional documents. As corporate lawyers for California startups and small businesses, we often cite to this waiver when settling out claims against our clients brought by former co-founders, employees, and investors.
