Stewart v. Preston Pipeline Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “mutual assent to a contract is based upon objective and outward manifestations of the parties”
• “Mutual assent to contract is based upon objective and outward manifestations of the 12 parties; a party's ‘subjective intent, or subjective consent, therefore is irrelevant.’”
• plaintiff’s failure to read settlement agreement prior to signature constituted 15 plaintiff bearing risk of such mistake, precluding rescission
• “ [A] party ordinarily may not obtain relief based up on unilateral mistake where he or she has failed to read the contract before signing it. ”
• settlement has lawful object insofar 7 as it resolves litigation
• “It is well established, in the absence of fraud, overreaching CUENNTITREADL S DTIASTTERSIC DTI SOTFR CICATL ICFOOURRNTIA CIVIL MINUTES - GENERAL Case No. SACV 19-2436 JVS (DFMx) Date March 26, 2020 Title Pamela Ko v. The Anthem Companies, Inc. et al quotation marks omitted

Source: CourtListener parenthetical corpus (CC0).