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TENTATIVE DRAFT 1, QUESTIONS SUGGESTED FOR DISCUSSION 1 (May 12-14, 1938)

handle is hein.ali/alicatact0006 and id is 1 raw text is: The American Law Institute
CONTRIBUTION AMONG TORTFEASORS ACT
Tentative Draft No. 1
Questions Suggested for Discussion at
Sixteenth Annual Meeting
May 12-14, 1938
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which occur to you.
1. In view of the universally recognized meaning
of the phrase pro rata, is it necessary to give it a
particular definition in this proposed Act?
2. (a) Is Subsection (3), § 2, sufficiently clear to
cover the situations for which it is intended, as ex-
plained in the accompanying note and in the support-
ing memoranduml
(b) Should some provision concerning the rights
and duties of liability insurance companies to recover
or to pay contribution be included, or should this be
left to the particular states as not pertaining basically
to a uniform statute concerning contribution among
joint tortfeasors in general?
3. Should Subsection (4), § 2, dealing with com-
parative fault and proportional liability as a basis of
contribution, be left in brackets so as to be optional?

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