Focus (Forum & Focus)
Sep. 2, 2009
Catching a Waiver
A recent 9th Circuit case proved that certain rights cannot be terminated by a broad and general waiver, no matter how comprehensive its language, writes Kurt Melchior.
FOCUS COLUMN
By Kurt Melchior Probably every California lawyer knows Section 1542 of the Civil Code, which reads: "General Release - Claims Extinguished: A General Release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or settlement with the debtor." This statute has stood without amendmen...For only $95 a month (the price of 2 article purchases)
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