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王竹  四川大学法学院  副教授


      Uniform Comparative Fault Act (1979 Revised)
      JULY 29 - AUGUST 5, 1977/AMENDED, AUGUST 3 - 10, 1979
Copyright ©1979
      NCCUSL(National Conference of Commissioners on Uniform State Laws)

      Section 1. [Effect of Contributory Fault]

      第1条 助成过错的效力
      (a) In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant,s contributory default, but does not bar recovery. This rule applies whether or not under prior law the claimant,s contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance.
       (b) "Fault" includes acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to strict tort liability. The term also includes breach of warranty, unreasonable assumption of risk not constituting an enforceable express consent, misuse of a product for which the defendant otherwise would be liable, and unreasonable failure to avoid an injury or to mitigate damages. Legal requirements of causal relation apply both to fault as the basis for liability and to contributory fault.

      Section 2. [Apportionment of Damages]

      (a) In all actions involving fault of more than one party to the action, including third-party defendants and persons who have been released under Section 6, the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating:
      (1) the amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and
      (2) the percentage of the total fault of all of the parties to each claim that is allocated to each claimant, defendant, third-party defendant, and person who has been released from liability under Section 6. For this purpose the court may determine that two or more persons are to be treated as a single party.
      (b) In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed.
      (c) The court shall determine the award of damages to each claimant in accordance with the findings, subject to any reduction under Section 6, and enter judgment against each party liable on the basis of rules of joint-and-several liability. For purposes of contribution under Sections 4 and 5, the court also shall determine and state in the judgment each party,s equitable share of the obligation to each claimant in accordance with the respective percentages of fault.
      (d) Upon motion made not later than [one year] after judgment is entered, the court shall determine whether all or part of a party,s equitable share of the obligation is uncollectible from that party, and shall reallocate any uncollectible amount among the other parties, including a claimant at fault, according to their respective percentages of fault. The party whose liability is reallocated is nonetheless subject to contribution and to any continuing liability to the claimant on the judgment.

      Section 3. [Set-off]

      第3条 抵销
      A claim and counterclaim shall not be set off against each other, except by agreement of both parties. On motion, however, the court, if it finds that the obligation of either party is likely to be uncollectible, may order that both parties make payment into court for distribution. The court shall distribute the funds received and declare obligations discharged as if the payment into court by either party had been a payment to the other party and any distribution of those funds back to the party making payment had been a payment to him by the other party.

      Section 4. [Right of Contribution]

      (a) A right of contribution exists between or among two or more persons who are jointly and severally liable upon the same indivisible claim for the same injury, death, or harm, whether or not judgment has been recovered against all or any of them. It may be enforced either in the original action or by a separate action brought for that purpose. The basis for contribution is each person,s equitable share of the obligation, including the equitable share of a claimant at fault, as determined in accordance with the provisions of Section 2.
      (b) Contribution is available to a person who enters into a settlement with a claimant only (1) if the liability of the person against whom contribution is sought has been extinguished and (2) to the extent that the amount paid in settlement was reasonable.

      Section 5. [Enforcement of Contribution]

      第5条 分摊的强制执行
      (a) If the proportionate fault of the parties to a claim for contribution has been established previously by the court, as provided by Section 2, a party paying more than his equitable share of the obligation, upon motion, may recover judgment for contribution.
      (b) If the proportionate fault of the parties to the claim for contribution has not been established by the court, contribution may be enforced in a separate action, whether or not a judgment has been rendered against either the person seeking contribution or the person from whom contribution is being sought.
      (c) If a judgment has been rendered, the action for contribution must be commended within [one year] after the judgment becomes final. If no judgment has been rendered, the person bringing the action for contribution either must have (1) discharged by payment the common liability within the period of the statute of limitations applicable to the claimant,s right of action against him and commenced the action for contribution within one year after payment, or (2) agreed while action was pending to discharge the common liability and, within one year after the agreement, have paid the liability and commenced an action for contribution.

      Section 6. [Effect of Release]

      第6条 责任免除的效力
      A release, covenant not to sue, or similar agreement entered into by a claimant and a person liable discharges that person from all liability for contribution, but it does not discharge any other persons liable upon the same claim unless it so provides. However, the claim of the releasing person against other persons is reduced by the amount of the released person,s equitable share of the obligation, determined in accordance with the provisions of Section 2.

      Section 7. [Uniformity of Application and Construction]

      第7条 适用与解释的统一性
      This Act shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.

      Section 8. [Short Title]

      第8条 简称
      This Act may be cited as the Uniform Comparative Fault Act.

      Section 9. [Severability]

      第9条 可分性
      If any provision of this Act or application of it to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

      Section 10. [Prospective Effect of Act]

      第10条 本法案生效无溯及力
      This Act applies to all [claims for relief] [causes of action] accruing after its effective date.

      Section 11. [Repeal]

      第11条 废除
      The following acts and parts of acts are repealed:

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