1. MCA Contents
  2. TITLE 28
  3. CHAPTER 1
  4. Part 16
  5. 28-1-1602 What claims survive general release

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 1. OBLIGATIONS IN GENERAL

Part 16. Release of Debtor by Creditor

What Claims Survive General Release

28-1-1602. What claims survive general release. A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor's settlement with the debtor.

History: En. Sec. 2081, Civ. C. 1895; re-en. Sec. 4963, Rev. C. 1907; re-en. Sec. 7465, R.C.M. 1921; Cal. Civ. C. Sec. 1542; Based on Field Civ. C. Sec. 742; re-en. Sec. 7465, R.C.M. 1935; R.C.M. 1947, 58-510; amd. Sec. 767, Ch. 56, L. 2009.