Practitioners are regularly confronted with the need to settle disputes, ultimately memorialized in either a “settlement agreement,” a “mutual” or “general release.” Although these instruments intend final repose, due to thoughtlessness and drafting errors — many times the result of anxiousness in “closing the file” — they spawn rather than prevent or conclude litigation. This article briefly reviews the principles governing the construction of general releases and then suggests drafting techniques and critical terms they should include.
Construction Principles
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