Section 37 Settlement Documents
| Library | Damages 2012 |
Disputes may also center on the effect of an advance payment, a partial release, or the consideration for a partial release related to only one specific item of damage. If certain damages are not sought in the later trial or were not the subject of the release, the duplication argument may fail, and the remaining nonsettling tortfeasors may receive no offset. In light of the comparative fault system and the disparate treatment of damages in tort reform legislation, forms should be avoided, and careful...
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