Restatement of the Law Third, Torts: Apportionment of Liability

This work articulates legal principles for liability apportionment in tort cases with multiple parties.

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This landmark work formulates clear principles of law governing apportionment of liability in cases where there are more actors than a single plaintiff and single defendant, different degrees of blameworthiness, derivative claims, or different tort claims against different defendants in the same case. It was drafted in response to the nearly universal adoption of comparative liability. As a result, it completely supersedes the comparable provisions in the Restatement Second of Torts.

Reporters: 
William C. Powers, Jr., The University of Texas School of Law
Michael D. Green, University of Iowa College of Law

This title is part of the ALI Restatement of the Law Series.

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Summary of Contents

Foreword
Reporters’ Preface
Introduction

Topic
1. Basic Rules of Comparative Responsibility
2. Liability of Multiple Tortfeasers for Indivisible Harm
Track A. Joint and Several Liability
Track B. Several Liability
Track C. Joint and Several Liability With Reallocation
Track D. Hybrid Liability Based on Threshold Percentage of Comparative Responsibility
Track E. Hybrid Liability Based on Type of Damages
3. Contribution and Indemnity
4. Settlement
5. Apportionment of Liability When Damages Can be Divided by Causation

Table of Cases
Table of Statutes
Parallel Tables
Table of Cross References to Digest System Key Numbers and ALR Annotations
Index