Facts: Thi Phuong Bui entered into a construction contract with Pacific Gate Development Group Ltd., later signing a Release Agreement in July 2017, purportedly releasing the company from any claims related to the project. Bui claimed he did not understand the agreement, thinking it was an apology, not a legal document.
Issue: The main issue was the validity of the Release Agreement. Bui argued for its invalidation based on the doctrine of non est factum and alleged insufficient consideration.
Court's Ruling: The court had to assess the credibility of the parties' testimonies, focusing on the circumstances surrounding the signing of the Release Agreement and whether Bui's understanding and the consideration provided were adequate.
Costs/Damages Awarded: The court found Pacific Gate and Mr. Nguyen jointly and severally liable to Mr. Bui in the amount of $100,000 on account of the breach of their payment obligations under the July 2017 Release. All other claims of Mr. Bui against the defendants were dismissed. The parties were granted leave to speak to the issue of costs.
