After a collision involving Alston and Alexander, Alston was diagnosed with chest problems and prescribed a number

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After a collision involving Alston and Alexander, Alston was diagnosed with chest problems and prescribed a number of medications. During the time of her treatment and release the day of the accident, she did not make note of any pain in her neck or back. Instead, she argued that she developed neck and back pain between one and two days after her original treatment. Later, Alston signed a release for her injury compensation check, which is standard insurer procedure. However, Alston later testified that she did not read the insurance release, and her compensatory check and the check from the insurance company did not contain compensation for her injuries that occurred later. Alston sued on the grounds of mutual mistake. Specifically, the check did not compensate her for all of her injuries, and she did not read the check release. Thus, she claimed the release was invalidated. The Superior Court upheld the validity of a general release signed by Alston and granted summary judgment in Alexander's favor on that basis. Alston appealed. With whom do you think the state's supreme court agreed with and why? [Alston v. Alexander, Supreme Court of Delaware LEXIS 384 (2012).]

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Dynamic Business Law The Essentials

ISBN: 978-1259917103

4th edition

Authors: Nancy Kubasek, Neil Browne, Daniel Herron

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