Montana Code 27-1-706. Effect of a release or covenant not to sue
27-1-706. (Effective on occurrence of contingency) Effect of a release or covenant not to sue. A release or covenant not to sue given to one of two or more persons potentially liable in tort for the same injury, death, damage, or loss:
Terms Used In Montana Code 27-1-706
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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 of the other persons from liability for the person‘s several pro rata share of liability unless the terms of the release or covenant provide for a discharge of liability;
(2)reduces the aggregate claim against the other persons to the extent of any percentage of fault found by the trier of fact under 27-1-705 to be attributable to the person to whom the release or covenant was given; and
(3)discharges the person to whom it was given from all liability for contribution.