While sailboarding, Jolene is injured when Kirby carelessly crosses her path. Kirby's insurance company offers Jolene $50,000 to release Kirby from liability, and she accepts. Later, Jolene learns that her injuries are more serious than she realized. The release is
A) enforceable.
B) unenforceable because Jolene's injuries are unforeseeably difficult.
C) unenforceable because Kirby has a preexisting duty to pay.
D) unenforceable because the release is an illusory promise.

Question

While sailboarding, Jolene is injured when Kirby carelessly crosses her path. Kirby's insurance company offers Jolene $50,000 to release Kirby from liability, and she accepts. Later, Jolene learns that her injuries are more serious than she realized. The release is
A) ​enforceable.
B) ​unenforceable because Jolene's injuries are unforeseeably difficult.
C) ​unenforceable because Kirby has a preexisting duty to pay.
D) ​unenforceable because the release is an illusory promise.

Quizplus · Accepted Answer

The release is enforceable because Jolene accepted the offer and released Kirby from liability. It does not matter if Jolene later discovers that her injuries are more serious than she realized. As long as the offer was made in good faith and supported by consideration (the $50,000), the release is binding.

While Sailboarding, Jolene Is Injured When Kirby Carelessly Crosses Her