A party may, at any rate in a compromise agreement supported by valuable consideration, agree to release claims or rights of which he is unaware and of which he could not be aware, even claims which could not on the facts known to the parties have been imagined, if appropriate language is used to make plain that that is his intention, though ‘a release ex vi termini imports a knowledge in the releasor of what he releases, unless upon a particular and solemn composition for peace persons expressly agree to release uncertain demands.’
Judges:
Lord Keeper Henley
Citations:
(1758) 1 Eden 64, [1758] 28 ER 608, [1758] EngR 153, (1758) 1 Eden 64, (1758) 28 ER 608
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Grant v John Grant and Sons Pty Ltd 1-Jun-1954
(High Court of Australia) Contract – Deed of release – Recitals – Limitation – Claims not in contemplation unaffected – Equitable considerations affecting release – General words.
Dixon CJ said: ‘No doubt it is possible a priori that the . .
Cited – Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali HL 1-Mar-2001
Cere Needed Releasing Future Claims
A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 19 November 2022; Ref: scu.342300
