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Lookup NU author(s): Dr Derek WhaymanORCiD
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This paper considers the history and nature of the ‘modern rule of releases’, concerning compromises to settleor preclude litigation. The rule holds that only matters the parties had contemplated as well as what theyintended to release will in fact be released, even if the compromise has been made in the most generalterms. Thus the rule is engaged when the releasor executes a general release but does not appreciate the existenceof some of the claims the words used purport to release. This paper shows how the rule is a confusion ofdifferent conceptual bases and lines of authority and was created by accidentally muddling them together. Itargues that, despite this, it successfully straddles both bases, functions well conceptually and serves a vital role.
Author(s): Whayman D
Publication type: Conference Proceedings (inc. Abstract)
Publication status: Published
Conference Name: Society of Legal Scholars' Annual Conference
Year of Conference: 2021
Acceptance date: 02/04/2021
