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.
William C. Powers, Jr., The University of Texas School of Law
Michael D. Green, University of Iowa College of Law
This volume analyses and recommends doctrine concerning apportionment of liability in cases in which multiple tortfeasors may be responsible in varying degrees for a single injury.
Hardbound | 1R3APPOT | 2000 | 401 pages | $97.50
Summary of Contents
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
5. Apportionment of Liability When Damages Can be Divided by Causation
Table of Cases
Table of Statutes
Table of Cross References to Digest System Key Numbers and ALR Annotations
In the Institute’s Restatement tradition, these authoritative volumes combine clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes.
The Restatement will be supplemented by an Annual Pocket Part which also contains citations to relevant superseded sections of the first and second Restatements of Torts.
ISBN – 0-314-24884-6
This Cumulative Annual Pocket Part contains all citations, through June 2022, to the Restatement of the Law Third, Torts: Apportionment of Liability (2000). Because this Restatement has superseded a number of sections in Chapters 16, 17, 17A, and 44 of the Restatement Second of Torts, recent citations to those superseded sections and to their counterparts in the original Restatement of Torts have been included in this Pocket Part for the reader’s convenience. For earlier citations to sections in Chapters 16, 17, and 17A of Torts 2d, see the Restatement of the Law Second, Torts 2d Appendix Volumes covering §§ 403–503. For earlier citations to sections in Chapter 44 of Torts 2d, see the Restatement of the Law Second, Torts 2d Appendix Volumes covering §§ 841–End.
FGN - 43163859