Is civil code 1668 applicable to a signed 1542 waiver that only involved family law matters?
I signed a 1542 waiver and know that I have given up my right to sue for any other unknown or known claims. The waiver involved family law matters only. However, my ex had committed fraud and forgery and willfully destroyed my property-all prior to me signing the document. Would civil code 1668 apply and, consequently, would I be able to attempt to recover damages for the aforementioned?
Nathan’s Answer
Do you have any evidence you were fraudulently induced into signing? Can you demonstrate you signed upon a mistaken belief regarding a material fact? You should consult with an attorney who can review the waiver to see if it is ironclad, and also to review your specific circumstances. Many attorneys routinely (because it is such a common clause) put a 1542 waiver into settlement that are incomplete or have other problems.
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