Asked by Andrea S. Marrero on Jul 13, 2024
Verified
While sailboarding, Jolie is injured when Kirby carelessly crosses her path. Kirby's insurance company offers Jolie $50,000 to release Kirby from liability, and she accepts. Later, she learns that her injuries are more serious than she realized. The release is
A) enforceable.
B) unenforceable because Jolie's injuries are unforeseeably difficult.
C) unenforceable because Kirby has a preexisting duty to pay.
D) unenforceable because the release is an illusory promise.
Unforeseeably Difficult
Situations or tasks that could not have been predicted to be as challenging or complex as they are found to be.
Illusory Promise
A statement or agreement that appears to be a promise but is so vague, non-committal, or lacks definite terms that it cannot be legally enforced.
Enforceable
Capable of being imposed by law or force; refers to contracts, obligations, or rules that can be legally upheld.
- Explore the impact of unforeseen events on the enforceability of agreements.
- Understand the legal considerations in settlement agreements following accidents or injuries.
Verified Answer
KM
Kristal McCathernJul 14, 2024
Final Answer :
A
Explanation :
The release is enforceable because Jolie accepted the settlement from Kirby's insurance company, effectively agreeing to not pursue further claims. The fact that her injuries were more serious than initially realized does not invalidate the agreement she entered into.
Learning Objectives
- Explore the impact of unforeseen events on the enforceability of agreements.
- Understand the legal considerations in settlement agreements following accidents or injuries.