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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 20:42, 12 August 2020
, 20:42, 12 August 2020→E. Inequality of Bargaining Power
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This reasoning relies on the plea of ''non est factum'' (Latin for “not my deed”), a common law plea allowing a person who has signed a written document in ignorance of its character to argue that, notwithstanding the signature, it is not his or her deed. In other words, if the person’s mind does not go with the deed of signing, the release is not truly his or her deed. | This reasoning relies on the plea of ''non est factum'' (Latin for “not my deed”), a common law plea allowing a person who has signed a written document in ignorance of its character to argue that, notwithstanding the signature, it is not his or her deed. In other words, if the person’s mind does not go with the deed of signing, the release is not truly his or her deed. | ||
Unconscionability and misrepresentation may also be successful grounds for rendering an otherwise valid Release of Claim invalid. See [http://www.canlii.org/en/bc/bcsc/doc/1991/1991canlii795/1991canlii795.html?autocompleteStr=clancy%20v%20linqui&autocompletePos=1 ''Clancy v Linquist''] 1991 CanLII 795 (BCSC), per Scarth J. | Unconscionability and misrepresentation may also be successful grounds for rendering an otherwise valid Release of Claim invalid. Unconscionability can be established when the bargain was an unfair one and when there is an inequality of power in the bargaining positions. See [http://canlii.org/en/bc/bcca/doc/1965/1965canlii493/1965canlii493.html ''Morrison v. Coast Finance Ltd.''], 1965 CanLII 493 (BC CA). Misrepresentations are untrue or misleading statements made during a negotiation. See [http://www.canlii.org/en/bc/bcsc/doc/1991/1991canlii795/1991canlii795.html?autocompleteStr=clancy%20v%20linqui&autocompletePos=1 ''Clancy v Linquist''] 1991 CanLII 795 (BCSC), per Scarth J. | ||
In [http://www.canlii.org/en/bc/bcsc/doc/1990/1990canlii1/1990canlii1.html?autocompleteStr=mix%20v%20cum&autocompletePos=1 ''Mix v Cummings''] 1990 CanLII 1 (BCSC) [''Mix''], per Perry J., a general release discharging and releasing defendants from all claims, damages, and causes of action resulting, or that will result, from injuries received in an automobile accident was upheld on the following basis: | In [http://www.canlii.org/en/bc/bcsc/doc/1990/1990canlii1/1990canlii1.html?autocompleteStr=mix%20v%20cum&autocompletePos=1 ''Mix v Cummings''] 1990 CanLII 1 (BCSC) [''Mix''], per Perry J., a general release discharging and releasing defendants from all claims, damages, and causes of action resulting, or that will result, from injuries received in an automobile accident was upheld on the following basis: | ||
