Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Thursday, April 28, 2011

Release of claim(s) as affirmative defense

RELEASE / SETTLEMENT AS BAR TO SUBSEQUENT ACTION 

Release is an affirmative defense. Tex. R. Civ. P. 94. A release is a writing which provides that a duty or obligation owed to one party to the release is discharged immediately or upon the occurrence of a condition. Henry v. Masson, No. 01-07-00522-CV, 2010 WL 5395640, at *16 (Tex. App.—Houston [1st Dist.] Dec. 31, 2010, no pet.). A release of a claim or cause of action extinguishes the claim or cause of action. Id. (citing Dresser Indus., Inc. v. Page Petroleum, Inc., 853 S.W.2d 505, 508 (Tex. 1993)).

 SOURCE: Houston Court of Appeals 01-09-00816-CV 4/28/11

 RELATED LEGAL TERMS: Release of claim, prior settlement of controversy dispute, accord and satisfaction

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