This form is used when the parties desire to settle any and all claims and causes of action of any kind which have been or could have been asserted in this action, arising out of the incident and dealings set forth in the complaint. It further states that no other claim of the plaintiff shall be affected by this Pro Tanto Settlement and dismissal. This form is available in Word and Wordperfect formats.
Alabama Pro Tanto Settlement and Release Agreement
Category:
State:
Alabama
Control #:
AL-010-06-CP
Format:
Word;
Rich Text
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FAQ
(proh tan-toh) Latin for "for so much" or "to that extent." Often used to refer to partial payment on a claim (for example, the debt is pro tanto discharged).
As noted above, there is another approach to settlement credits called the pro tanto approach. Under this approach, the non-settling insurers receive at most a credit in the amount that the policyholder actually ob- tained from the settled carriers for the claim that is in litigation. This is the majority rule.
In California, joint and several liability is an adopted version of the old common law version. It says that more than one party can be jointly responsible for the full amount of your economic damages, but only separately (severally) liable for your non-economic damages in proportion to your percentage of fault.
You can overturn a settlement agreement by demonstrating that the settlement is defective. A settlement agreement may be invalid if it's made under fraud or duress. A mutual mistake or a misrepresentation by the other party can also be grounds to overturn a settlement agreement.
2714 Retain relevant documents. 2714 Decide whether (and when) to make offer. 2714 Evaluate the reasons for settling. 2714 Assess motivating factors to settle. 2714 Confirm client's ability to settle. 2714 List all covered parties. 2714 List all legal issues to be settled.
Pro tanto is a Latin phrase that means only to that extent, and is often used to denote partial fulfillment of an actual or potential obligationoften in the form of a partial paymenttoward a claim asserted in a lawsuit.
In law, joint and several liability makes all parties in a suit responsible for damages up to the entire amount awarded. That is, if one party is unable to pay, the others named must pay more than their share.
A release is an agreement not to sue; it waives your right to sue and company and "releases" your employer from legal liability for claims you may have against it. A release may be as broad or as narrow as the parties agree to make it.
Lawyers call an agreement to settle a dispute a "release," because in exchange for some act (often the payment of money), one person gives up (or releases) his or her claim against another.