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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 18:21, 11 August 2021
, 18:21, 11 August 2021→E. Inequality of Bargaining Power
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#the plea of ''non est factum'' and want of ''consensus ad idem'' were unfounded in the circumstances. | #the plea of ''non est factum'' and want of ''consensus ad idem'' were unfounded in the circumstances. | ||
The implication of the ''Mix'' judgment is that the presence of any of the above factors in a particular set of facts may be sufficient to invalidate a general release. Note, however, that the mere fact that a plaintiff’s injuries became more serious than he or she anticipated when signing a release will generally not invalidate the release. | The implication of the ''Mix'' judgment is that the presence of any of the above factors in a particular set of facts may be sufficient to invalidate a general release. Note, however, that the mere fact that a plaintiff’s injuries became more serious than he or she anticipated when signing a release will generally '''not''' invalidate the release. | ||
== F. Plaintiff's Duty to Mitigate == | == F. Plaintiff's Duty to Mitigate == | ||