Section 21 Release and Settlement

• Library: Prof Liability 2005

Release is a defense, but counsel should be careful in designating who is and is not being released, by name if possible. If there are others whose names are not yet known who are not intended to be released, the release document should contain the words that the party in question releases the “x” company or individual only and no one else. See Tri-City Constr. Co. v. A.C. Kirkwood & Assocs., 738 S.W.2d 925 (Mo. App. W.D. 1987); Cox v. City of Freeman, 321 F.2d 887 (8^th Cir. 1963).

With regard to...