Contracts - Releases - Nebraska Supreme Court Upholds Release for Personal Injury Liability against Attack on Grounds of Mutual Mistake and Inadequacy of Consideration - Swartz v. Topping, 191 Neb. 41, 213 N.W.2d 718, (1974)
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Authors
Artus, William D.
Issue Date
1975
Volume
8
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|A fertile field of litigation in contract law concerns the validity of a release from liability for damages executed by a party after being injured in an accident. Although the earlier cases tended to construe an instrument strictly according to its terms, the more recent trend has been to relieve the party who signed the release on any one of a number of different grounds. In the recent case of Swartz v. Topping, the Nebraska Supreme Court chose not to follow this recent pattern and upheld the validity of a release under circumstances which, in at least one respect, arguably could have been sufficient for avoidance of the terms of the contract...
Description
Citation
8 Creighton L. Rev. 30 (1974-1975)
Publisher
Creighton University School of Law