Mutual Waiver Of Claims for the United Kingdom

Mutual Waiver Of Claims Template for England and Wales

A Mutual Waiver of Claims is a legal document governed by English and Welsh law where two or more parties agree to mutually release each other from specific claims, rights, or obligations. This document establishes a binding agreement where each party surrenders their right to pursue legal action against the other party for specified matters, typically used to resolve disputes or clean slate business relationships. The document must comply with English contract law principles and cannot waive certain statutory rights or claims involving fraud or personal injury.

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What is a Mutual Waiver Of Claims?

A Mutual Waiver of Claims is commonly used when parties wish to resolve existing disputes or prevent future litigation by agreeing to relinquish their rights to pursue certain claims against each other. This document, governed by English and Welsh law, is particularly valuable in commercial settlements, business relationship terminations, or project completions where parties seek closure and certainty. The waiver typically includes detailed descriptions of the claims being waived, any exceptions, and representations about the parties' understanding of their rights. It's essential to note that certain claims, such as those involving fraud or personal injury, cannot be waived under English law.

What sections should be included in a Mutual Waiver Of Claims?

1. Parties: Identification and details of parties entering into the waiver

2. Background: Context and circumstances leading to the mutual waiver

3. Definitions: Key terms used throughout the document

4. Scope of Waiver: Specific claims being waived by each party

5. Exclusions: Claims explicitly excluded from the waiver

6. Representations and Warranties: Statements about authority to enter into waiver and understanding of rights being waived

What sections are optional to include in a Mutual Waiver Of Claims?

1. Consideration: Details of any consideration exchanged, if applicable

2. Confidentiality: Obligations regarding confidentiality of the waiver and related matters

3. Dispute Resolution: Process for resolving disputes about the waiver

What schedules should be included in a Mutual Waiver Of Claims?

1. Schedule of Specific Claims: Detailed list of specific claims being waived

2. Schedule of Excluded Claims: Detailed list of claims specifically excluded from the waiver

3. Related Agreements: List of any related agreements affected by the waiver

Authors

Alex Denne

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

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What is a Mutual Waiver Of Claims?

What sections should be included in a Mutual Waiver Of Claims?

What sections are optional to include in a Mutual Waiver Of Claims?

What schedules should be included in a Mutual Waiver Of Claims?

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