M Civ JI 142.60 Affirmative Defense - Release

As an affirmative defense to the breach of contract claim, [ name of party being sued on contract ] claims that [ name of party ] released [ him / her / it ] from all obligations owed under the contract.

A release is an agreement to give up or abandon one or more claims or rights that one person may have against the other. There is no particular form or established set of words that is necessary to prove a release. A release may be oral or may be in writing. A release is valid if it is fairly and knowingly made.

If you find that [ name of party ] released [ name of party being sued on contract ] from [ his / her / its ] obligations under the contract, your verdict should be in favor of [ name of party being sued on contract ] as to all released claims.

Comment

66 Am Jur 2d Release § 1; J&J Farmer Leasing, Inc, v Citizens Ins Co of Am, 472 Mich 353, 357 (2005); Adell v Sommers, Schwartz, Silver & Schwartz, PC, 170 Mich App 196, 201 (1988).

History

M Civ JI 142.60 was added January 2022.