Restatement of the Law Third, Torts: Apportionment of Liability
xxxii, 401 pp., 2000,
hardbound, Order Code 1R3APPOT, $97.50 -- Order this item ; softbound, Order Code 1R3APPOTS, $46 -- Order this item[ View Shopping Cart | Checkout | Empty Shopping Cart ]
Responding to the nearly universal adoption of comparative liability and completely superseding the comparable provisions in the Restatement Second of Torts, this landmark work formulates clear principles of law governing apportionment of liability in cases when account must be taken of:
·
Conduct by more actors than a single plaintiff and single defendant,·
Different degrees of blameworthiness,·
The effect on parties with derivative claims, or·
Different tort claims (e. g. strict liability, negligence, and intent) against different defendants in the same case.The text deals with many issues that have not yet been fully analyzed in judicial decisions or in academic literature and for which there is no commonly accepted doctrine and explores alternative bases for appropriate resolution. It includes consideration of all present systems of joint and several liability, as well as of hybrid versions of the two. The Restatement presents a complicated and challenging subject in lucid terms and provides thoughtful and coherent guidance to all who practice in this increasingly complex and evolving area of tort law. The volume is updated annually by a cumulative pocket part, which also contains citations to relevant superseded sections of the first and second Restatements of Torts.
Reporters:
William C. Powers, Jr., The University of Texas School of Law, Austin, Texas; Michael D. Green, University of Iowa College of Law, Iowa City, Iowa.Advisers:
Andrew T. Berry, Newark, New Jersey; Dennis R. Connolly, New York, New York [from 1994]; Edward H. Cooper, University of Michigan Law School, Ann Arbor, Michigan; William A. Dreier, Somerville, New Jersey, formerly Judge, New Jersey Superior Court, Appellate Division; Noel Fidel, Judge, Arizona Court of Appeals, Phoenix, Arizona; Wayne Fisher, Houston, Texas; George Clemon Freeman, Jr., Richmond, Virginia; James A. Henderson, Jr., Cornell Law School, Ithaca, New York; Stephen J. Holtman, Cedar Rapids, Iowa; Michael Alexander Kahn, San Francisco, California; Mary Kay Kane, University of California, Hastings College of the Law, San Francisco, California; Robert E. Keeton, Judge, United States District Court for the District of Massachusetts, Boston, Massachusetts; Pierre N. Leval, Judge, United States Court of Appeals for the Second Circuit, New York, New York; Eugene F. Lynch, San Francisco, California, formerly Judge, United States District Court for the Northern District of California; Richard L. Revesz, New York University School of Law, New York, New York; Anthony Z. Roisman, Lyme, New Hampshire; Gary T. Schwartz, University of California at Los Angeles School of Law, Los Angeles, California; Victor E. Schwartz, Washington, District of Columbia; Susan Ross Steingass, Madison, Wisconsin; Larry S. Stewart, Miami, Florida [from 1998]; Michael Traynor, San Francisco, California; Bill Wagner, Tampa, Florida; Malcolm E. Wheeler, Denver, Colorado; Richard W. Wright, Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, Illinois.Tentative and Other Annual Meeting Drafts
Proposed Final Draft: Topic 1. Basic Rules of Comparative Responsibility; Topic 2. Liability of Multiple Tortfeasors for Indivisible Harm; Topic 3. Contribution and Indemnity; Topic 4. Settlement; Topic 5. Apportionment of Liability When Damages Can Be Divided by Causation
xxxii, 407 pp., 1998, Order Code 6114, $55 -- Order this itemProposed Final Draft (Revised): Topic 1. Basic Rules of Comparative Responsibility; Topic 2. Liability of Multiple Tortfeasors for Indivisible Harm; Topic 3. Contribution and Indemnity; Topic 4. Settlement; Topic 5. Apportionment of Liability When Damages Can Be Divided by Causation
xxxiii, 479 pp., 1999, Order Code 6136, $55 -- Order this item[ View Shopping Cart | Checkout | Empty Shopping Cart ]