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Release And Discharge Agreement for the United Kingdom

Release And Discharge Agreement Template for England and Wales

A Release and Discharge Agreement under England and Wales law is a legally binding document where one party agrees to release another party from claims, obligations, or liabilities. It serves as a formal settlement of disputes or potential claims, providing legal certainty and finality to both parties. The agreement typically includes specific details about the claims being released, any consideration being provided, and can include additional provisions such as confidentiality or non-disparagement clauses. It is commonly used in commercial disputes, employment settlements, and contract terminations.

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What is a Release And Discharge Agreement?

A Release and Discharge Agreement is essential when parties wish to formally settle disputes or potential claims in England and Wales. This document provides a comprehensive legal framework for releasing parties from existing or future claims, typically in exchange for consideration. It's particularly valuable following dispute resolution, contract termination, or settlement negotiations. The agreement must comply with English contract law principles and typically includes detailed provisions about the scope of the release, warranties, and any ongoing obligations. It's commonly used in commercial, employment, and contractual contexts where parties seek to achieve finality and certainty in their legal relationships.

What sections should be included in a Release And Discharge Agreement?

1. Parties: Identifies and defines all parties to the agreement

2. Background: Sets out the context and circumstances leading to the release

3. Definitions: Defines key terms used throughout the agreement

4. Release Provisions: Details the specific claims, rights, and obligations being released

5. Consideration: Specifies what is being given in exchange for the release

6. Governing Law: Specifies the jurisdiction governing the agreement

7. Execution: Signature blocks and execution provisions

What sections are optional to include in a Release And Discharge Agreement?

1. Confidentiality: Terms regarding confidentiality of the settlement and when parties wish to keep terms private

2. Non-Disparagement: Provisions preventing parties from making negative statements, typically used in sensitive settlements or commercial disputes

3. Warranties: Representations about the released claims, used when certainty about the scope of claims is crucial

4. Future Cooperation: Obligations regarding future assistance or conduct, applicable when ongoing relationships exist

What schedules should be included in a Release And Discharge Agreement?

1. Schedule of Released Claims: Detailed list of specific claims being released

2. Schedule of Excluded Claims: List of claims specifically excluded from the release

3. Payment Schedule: Details of any settlement payments and their timing

4. Related Agreements: List of any associated agreements affected by the release

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions




















Clauses






















Industries

Law of Contract (Common Law): Fundamental principles governing contract formation, consideration requirements, and capacity to contract in England and Wales

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third party rights are affected in contractual agreements and releases

Limitation Act 1980: Statute setting time limits for bringing claims and affecting the scope of future claims being released

Unfair Contract Terms Act 1977: Legislation controlling the reasonableness of exclusion clauses and limitations on liability exclusions in contracts

Consumer Rights Act 2015: Law protecting consumer rights and establishing fairness requirements when one party is a consumer

Misrepresentation Act 1967: Statute governing false or misleading statements made before contract formation and their legal consequences

Companies Act 2006: Primary legislation governing company law, including corporate authority to execute agreements

Law of Property Act 1925: Fundamental property law statute relevant when property rights are involved in the release

Civil Procedure Rules: Procedural rules governing civil litigation, including settlement agreements and without prejudice communications

Subject Matter Specific Legislation: Additional legislation that may apply depending on the specific subject matter being released (e.g., employment law)

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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