Also known as:releases · released · releasing · releasee · releasees · releaser · releasers · releasor · releasors · discharge · waiver
Written by attorneys — see sources below.
A written instrument or agreement by which one party relinquishes a right or claim against another or discharges the other from an obligation or liability. Payment of a secured debt entitles the obligor to a release that clears the encumbrance from title. In settlement contexts the instrument bars further pursuit of the released claims.
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How its tested
Common Examples
6
Mortgage Satisfaction After Payoff
Rosalind Reed pays the remaining balance on her home loan to Riverside Healthcare in full. The lender executes and records a release that removes the mortgage lien from the public records and reconveys clear title to Rosalind.
Settlement Release of Contract Claims
After a contract dispute arises Rajesh Rao and his counterparty execute a written release. The instrument relinquishes all claims between the parties and discharges Rao from further liability under the agreement.
Landlord Failure to Repair
Rowan Russell leases an apartment from Riverfront Developments that becomes uninhabitable due to a persistent leak. After proper notice and the landlord's inaction Rowan exercises remedies that include a release from further rent obligations under the lease.
Rebecca Ross and Roland Rhodes settle a potential false-imprisonment dispute. Rebecca executes a written release that relinquishes Roland's claims and discharges her from further liability for the alleged confinement.
Partnership Creditor Payment in Winding Up
Royal Crest Hotels a limited partnership dissolves and applies its assets to pay all creditors including partner-creditors. Once those obligations are discharged the partnership may distribute any surplus to interest holders.
Partnership Debt Discharge on Dissolution
Rhapsody Entertainment a general partnership dissolves and marshals assets to pay all partnership liabilities. After discharging debts and closing the business the remaining assets are distributed to the partners.
5 common questions
Students Frequently Ask...
Does full payment of a mortgage automatically entitle the borrower to a recorded release?
Yes. Payment of the full debt generally entitles the mortgagor to a release or satisfaction of the mortgage. Recording the satisfaction is necessary to clear the public records and confirm that the lien has been discharged.
Supporting sources
Can a release be given without consideration under modern statutes?
Some states permit a written release of an obligation without consideration. The UCC also allows a written release without consideration in certain transactions.
What happens if a landlord fails to correct an unsuitable condition after notice?
The tenant may exercise pre-entry remedies including release from the lease if the landlord does not correct the condition within a reasonable time after request unless the tenant's entry waived the issue.
Supporting sources
Does refusal to release someone from confinement create tort liability?
Yes. When a person has a duty to release another from confinement or to provide a means of escape intentional refusal to do so constitutes an act of confinement that supports liability for false imprisonment.
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How are partnership assets applied during winding up?
A dissolving partnership must apply its assets to discharge all partnership debts obligations and liabilities before distributing any surplus to partners or interest holders.
Supporting sources
376 U.S. 254 (1964)
…upon which the comment is based. Parsons v. Age-Herald Publishing Co., 181 Ala. 439, 450, 61 So. 345, 350 (1913). Unless he can discharge the burden of proving truth, general damages are presumed, and may be awarded without proof of pecuniary injury. A showing of actual malice is apparently a prerequisite to recovery of…