Uniform Comparative Fault Act
Encyclopedia
The Uniform Comparative Fault Act (UCFA), and its periodic revisions, is one of the Uniform Act
s drafted by the National Conference of Commissioners on Uniform State Laws
(NCCUSL) with the intention of harmonizing state law
s in force in the states
.
The UCFA seeks to establish an apportionment of liability
that is more flexible than the all-or-nothing approaches of the contributory negligence
and last clear chance doctrines. Under the UCFA, the judgment against tortfeasors can be reduced according to any negligence
on behalf of the plaintiff, and multiple tortfeasors held joint and several liability can seek contributions from their codefendants.
The UCFA has not been adopted by a large number of states, because many states prefer to modify joint and several liability among multiple tortfeasors. An attempt to address these shortcomings of the UCFA has been made with the Uniform Apportionment of Tort Responsibility Act
, promulgated in 2002.
Uniform Act
In the United States, a Uniform Act is a proposed state law drafted by the U.S. Uniform Law Commission and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws ....
s drafted by the National Conference of Commissioners on Uniform State Laws
National Conference of Commissioners on Uniform State Laws
The National Conference of Commissioners on Uniform State Laws is a non-profit, unincorporated association commonly referred to as the U.S. Uniform Law Commission. It consists of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico and the United States...
(NCCUSL) with the intention of harmonizing state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
s in force in the states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
.
The UCFA seeks to establish an apportionment of liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
that is more flexible than the all-or-nothing approaches of the contributory negligence
Contributory negligence
Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered...
and last clear chance doctrines. Under the UCFA, the judgment against tortfeasors can be reduced according to any negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
on behalf of the plaintiff, and multiple tortfeasors held joint and several liability can seek contributions from their codefendants.
The UCFA has not been adopted by a large number of states, because many states prefer to modify joint and several liability among multiple tortfeasors. An attempt to address these shortcomings of the UCFA has been made with the Uniform Apportionment of Tort Responsibility Act
Uniform Apportionment of Tort Responsibility Act
The Uniform Apportionment of Tort Responsibility Act , and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws with the intention of harmonizing state laws in force in the states.-Purpose:The UATRA is meant to be a successor...
, promulgated in 2002.