context: "If action is taken for a fraudulent purpose or to carry out a fraudulent purpose or to carry out a fraudulent scheme, the action is void and of no force or effect." Richard A. Lord, Williston On Contracts Sec. 69.4 (4th Ed.2003). A release may be set aside if it was obtained fraudulently.
citation_a.signal: see also
citation_a.parenthetical: acknowledging that a release is a voidable contract when a party is fraudulently induced to execute a release
citation_a.sentence: Stanley v. Holms, 293 Mont. 343, 975 P.2d 1242 (1999) (recognizing the invalidity of releases under fraudulent conditions but granting a motion for summary judgment because party had not set forth sufficient indicia of fraud); Riggs et al. v. Gillespie, 241 F. 311 (4th Cir.1917) (finding a release invalid as it was obtained by a “fraud in equity”); see also Ladenburg Thalmann & Co., Inc. v. Imaging Diagnostic Systems, Inc., 176 F.Supp.2d 199 (S.D.N.Y.2001) (acknowledging that a release is a voidable contract when a party is fraudulently induced to execute a release). If a release is obtained by fraud, it is unenforceable under Montana law.
citation_b.signal: no signal
citation_b.parenthetical: finding a release invalid as it was obtained by a "fraud in equity"
citation_b.sentence: Stanley v. Holms, 293 Mont. 343, 975 P.2d 1242 (1999) (recognizing the invalidity of releases under fraudulent conditions but granting a motion for summary judgment because party had not set forth sufficient indicia of fraud); Riggs et al. v. Gillespie, 241 F. 311 (4th Cir.1917) (finding a release invalid as it was obtained by a “fraud in equity”); see also Ladenburg Thalmann & Co., Inc. v. Imaging Diagnostic Systems, Inc., 176 F.Supp.2d 199 (S.D.N.Y.2001) (acknowledging that a release is a voidable contract when a party is fraudulently induced to execute a release). If a release is obtained by fraud, it is unenforceable under Montana law.