A Uniform Comparative Fault Act–What should it Prove?

The Committee has determined to treat the resultant delay as serendipitous and to use it for the purpose of improving the Act and presenting it in the best shape possible. To this end, as the Chairman of the Special Committee, I have prepared this presentation for publication. The presentation is intended to serve two purposes: (1) to provide for the legal profession information as to the present status of the Act, and the provisions it now carries, and (2) to solicit criticisms and suggestions for improvement from interested persons.

I am therefore presenting here the Uniform Comparative Fault Act in its latest form, the form it took as it was finally revised at Atlanta, and as subsequently subjected by me, with time to meditate carefully, to further stylistic changes. The prefatory note and the comments to the sections are those prepared for the original Atlanta draft, adapted by me to conform to the latest revision of the statute. The composite result has been prepared for this article and has not previously been available to anyone.

Following the draft and comments of this Act is an appendix to the article, providing additional information and raising issues and ideas that are still in the contemplation of the Committee. The Committee is interested in comments about this draft and the accompanying questions.