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However, out of good faith since I have worked with you before, The HI court holds that "[A]bsent bad faith or fraud in the settlement agreement neither party ... may rescind the agreement. The evidence must be newly discovered evidence contradicting evidence that was known at the time the settlement was entered or it does not constitute bad faith or fraud related to the Settlement Agreement and hence there can be no rescission of the Settlement Agreement." (Citing Miller v. Manuel, 9 Haw.App. 56
, 828 P.2d 286 (1991)
Also, "The general rule ... is that, absent fraud, duress, coercion
, undue influence, or other acts of overreaching by a release (insurer), a settlement can only be avoided by a releasor (injured party) on the grounds of mutual mistake. See: Gossinger v. Association of Apartment Owners of The Regency of Ala Wai, 73 Haw. 412, 420
, 835 P.2d 627, 632 (1992)
(holding also that in order to rescind a release, the "mistake" must relate to a "past or a present fact." "If the mistake relates clearly to a past or a present fact[,] the remedy of cancellation will be awarded.").
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