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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.”
11 Δεκ 2019 · Effective in 2019, the new Civil Code Section 1542 reads as follows: 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 ...
Civil Code section 1542 waivers are commonly included in a myriad of transactional documents and typically coupled with “as is” provisions. In essence, absent an express waiver of Section 1542 in a contract, the releasing party does not release any unknown claims.
14 Μαρ 2015 · Section 1542 simply states that a release by one party of another party or a release by two or more parties as to one another does not act as a release of claims which they did not know or suspect to exist at the time of executing the release:
24 Ιαν 2019 · 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.
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. It is not something you should undertake without counsel.
