Civil Code Section 1542

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Civil code section 1542. It excludes from a general release claims the plaintiff did not know about when she signed the release. Including a recitation of civil code section 1542 and a waiver of its provisions in a severance or settlement agreement ensures that the releasing party consciously releases unknown. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

Civil code section 1542 contains waivable language intended to prevent a releasor from inadvertently waiving unknown claims merely by signing a general release. Including a recitation of civil. For more detailed codes research information including annotations and citations please visit westlaw.

Civil code section 1542 contains waivable language intended to prevent a releasor from inadvertently waiving unknown claims merely by signing a general release.