Matt Maurer Wrote, "The Duty To Give A Release When Settling A Lawsuit"

A release usually forms part and parcel of any settlement. Most of the time there is little or no dispute over the wording that goes into the release. However, a recent case is notable for giving a quick refresher (or crash course) in the law of releases.

To put it shortly, the case law is clear that where a settlement is reached, it is normally implied, absent some agreement to the contrary, that an executed final release will be given.

On the other hand, parties are not bound to execute a complex or unusual form of release. While the duty to give a release is implicit in the settlement itself, the terms of the release must reflect the agreement that was reached between the parties.