Settlement and Alternative Dispute Resolution
Settlement Fundamentals
A general release extinguishes all claims the releasing party has or may have, typically including unknown claims where the applicable statute permits waiver of that protection.
Some states require specific language to waive unknown claims.
Alternative Names:
Full Release, Broad Release
Why it Matters?
Unknown claim waiver language is essential where the jurisdiction requires it, since a release silent on the point may leave claims the releasing party did not know about intact. California's Civil Code section 1542 waiver is the best known example and its omission has cost defendants the finality they paid for. Broad releases also reach claims a defendant may not want to release in return, which is why mutuality requires attention.
Frequently Confused with
Related terms
Frequently asked questions
Does a general release cover unknown claims?
What is the drafting risk?
