Question

2. while working, an ore bucket hit Henry Kruzich on the side of his face, causing a severe head injury. LO1 Old republic insurance Co. insured his employer’s workers’ compensation plan. it paid Kruzich total disability and medical benefits. Kruzich ultimately needed domiciliary care, so Old republic started paying Henry’s wife, Kathy, to stay at home and care for him. six years after the accident, Henry and Old republic signed a settlement agreement for $132,701 that ended "fully and forever . . . all present and future domiciliary care" benefits. Ten years later, Henry was diagnosed with Parkinson’s disease, most likely from the accident. Henry sought rescission of the settlement agreement on the basis of mutual mistake of fact saying that at the time of the settlement, neither party knew there was any connection between head injuries and Parkinson’s disease. was the agreement rescinded?

Answer 1

Answer: Between old lady company and Henry,the agreement of fully and forever cannot be rescinded.

Step-by-step explanation:

Having accident at work such as Henry's can be devastating, more so if it prevents the casualty from living a normal life again.

However,the account in the question a shows that old lady company has among other things

Provided for proper medical attention and adequately compensated for Henry's mishap.morever the all and forever settlement is an arrangement that last a lifetime ,the only reason for a recind decision to be possible is there is a clause or definite terms on any future occurrence such as Parkinson disease of Henry.

If there is nothing of such, Henry should make effort to get treated with fund already settled or at best plead with old lady to help him on compassionate ground.

Answer 2

Answer: The agreement cannot be rescinded

Step-by-step explanation:

A contract is an agreement between two or more persons which can be enforced in the law court. A contract can have all the essential elements such as offer, acceptance, consideration, intention to create legal relations,and so on . In spite of all these such a contract can still be nullified by the court of law with the presence of vitiating elements in the contract such factors includes mistake, misrepresentation, undue influence, and duress.

The mistake in a contract can be either a common, mutual or unilateral mistake. It is a common mistake when both parties make the same mistake, it is a mutual mistake when there is a mistake with respect to the identity of the subject matter.it is a unilateral mistake when one of the parties is making the mistake.but the general principles of law stipulates that the mistake of the parties does not rendered the contract unforceable. Therefore with regard to the agreement between Henry Kruzich and old republic insurance, the agreement cannot be rescinded because the general principles of the law stipulates that mistake of the parties does not rendered the agreement nullified.