For a release to be enforceable, the release must be

For a release to be enforceable, the release must be

• A. In writing and supported by new consideration or promissory estoppel.
• B. Oral and signed by both parties.
• C. Only a handshake is sufficient.
• D. Notarized and sealed.

Answer: (A)

A release is a contract in which one party gives up a claim against another, so its enforceability follows standard contract formation rules. To be enforceable, the release must be in writing and supported by some form of consideration. Writing helps prove the agreement and, for many claims, satisfies the statute of frauds. New consideration means there’s something of value being exchanged beyond the mere wish to settle the dispute—often a payment, a change in rights, or some other inducement attached to the release. If there’s no new consideration, the release may not be enforceable unless a court finds promissory estoppel applies—where one party relies on the release to their detriment and that reliance is sufficient to enforce the promise despite lack of new consideration. Notarization or sealing isn’t required to make a release enforceable, and a simple handshake typically isn’t enough because it usually lacks both a written record and the necessary consideration or reliance that would support enforceability. That’s why the best statement is that a release must be in writing and supported by new consideration or by promissory estoppel.

A release is a contract in which one party gives up a claim against another, so its enforceability follows standard contract formation rules. To be enforceable, the release must be in writing and supported by some form of consideration. Writing helps prove the agreement and, for many claims, satisfies the statute of frauds. New consideration means there’s something of value being exchanged beyond the mere wish to settle the dispute—often a payment, a change in rights, or some other inducement attached to the release. If there’s no new consideration, the release may not be enforceable unless a court finds promissory estoppel applies—where one party relies on the release to their detriment and that reliance is sufficient to enforce the promise despite lack of new consideration.

Notarization or sealing isn’t required to make a release enforceable, and a simple handshake typically isn’t enough because it usually lacks both a written record and the necessary consideration or reliance that would support enforceability. That’s why the best statement is that a release must be in writing and supported by new consideration or by promissory estoppel.