Αποτελέσματα Αναζήτησης
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.”
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.
30 Απρ 2014 · I am not aware of a specific waiver clause in Texas law. However, there is court precedent as to what does and does not constitute waiver. So, as the others have stated.
5 Ιουν 2024 · Texas Statutes Title 1, General Provisions; Chapter 1, General Provisions. Refreshed: 2023-07-23
SUBTITLE A. GENERAL PROVISIONS. CHAPTER 5. RULE OF DECISION. CHAPTER 6. GOVERNMENTAL EXEMPTION FROM BOND AND SECURITY REQUIREMENTS. CHAPTER 7. LIABILITY OF COURT OFFICERS. CHAPTER 8. STATE EXEMPTION FROM CERTAIN FEES: FEES PAID BY OPPOSING PARTY. CHAPTER 9. FRIVOLOUS PLEADINGS AND CLAIMS. CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS.
Senate Bill No. 1431 (“SB 1431”) amended Section 1542, effective January 1, 2019, to clarify that the release of unknown claims applies to the “releasing party” and the “released party,” and is not limited to a “creditor” and a “debtor” as provided in the former version of the statute.
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.
