What is the test for a general release?
British Columbia, Canada
The following excerpt is from Hannan v. Methanex Corp., 1998 CanLII 6476 (BC CA):
The applicable principle was set out by Lord Westbury in London and South Western Railway v. Blackmore (1870), L.R. 4 H.L. 610 at 623 as follows: The general words in a release are limited always to that thing or those things which were specially in the contemplation of the parties at the time when the release was given. But a dispute that had not emerged or a question which had not at all arisen, cannot be considered as bound and concluded by the anticipatory words of a general release.
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