Montana Code 27-1-704. Release — covenant not to sue
27-1-704. Release — covenant not to sue. A release or covenant not to sue given to one of two or more persons liable in tort for the same injury, death, damage, or loss:
Terms Used In Montana Code 27-1-704
- Several: means two or more. See Montana Code 1-1-201
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(1)does not discharge any other tortfeasor from liability for that tortfeasor’s several pro rata share of liability for the injury, death, damage, or loss unless the release or covenant not to sue provides otherwise;
(2)reduces the aggregate claim against the other tortfeasors to the extent of any percentage of fault attributed by the trier of fact under 27-1-703 to the tortfeasor to whom the release or covenant is given;
(3)discharges the tortfeasor to whom it is given from all liability for contribution.