Legal Definitions - release

Definition: To stop being obligated or to give up a right. A release is usually a private agreement between parties to end an obligation or give up a right. It can be conditional on certain events or performance.

For example, a contract may contain a release to protect one party from liability or indemnity. This means that one party is giving up their right to sue for potential injury. The other party is protected from being held responsible for any damages.

However, courts will not enforce a release if it was obtained through deception, fraud, or misrepresentation. Additionally, a release must be simple enough for a layperson to understand and must give notice of its importance. The print size is also an important factor in assessing the adequacy of a document as a release.

A release is different from a covenant not to sue because it does not extinguish the right, but only represents a promise not to sue. It is also different from accord and satisfaction because a release can be the end of an obligation through any consideration, while accord and satisfaction require a different performance than originally agreed.

Another meaning of release is the liberation of a criminal suspect in custody or the liberation of an incarcerated convicted criminal. For example, a peace officer may release a person arrested without a warrant if there are insufficient grounds for making a criminal complaint against them.

Example: A company may ask an employee to sign a release before they leave the company. The release would state that the employee is giving up their right to sue the company for any reason. In exchange, the company may offer the employee a severance package or other benefits.

Example: A person may sign a release before participating in a dangerous activity, such as bungee jumping. The release would state that the person is giving up their right to sue the company or organization if they are injured during the activity. In exchange, the person is allowed to participate in the activity.

These examples illustrate how a release can be used to protect one party from liability or indemnity. The party giving up their right to sue is usually offered some form of consideration in exchange for signing the release.