San Diego Law Review


Marianne Shipp

Library of Congress Authority File


Document Type



This Comment examines the history of California's "good-faith" settlement law and the sliding scale agreement in light of the California Supreme Court's decision in Tech-But v. Woodward-Clyde, which required more than mere non-collusion for a settlement to be in "good faith." The author examines the policies underlying settlements by joint tortfeasors and suggests that sliding-scale agreements have minimal value in our legal system. The author further argues that these agreements continue to be used, contrary to the policy objectives delineated in Tech-But. The author concludes with legislative proposals to maximize economic fairness to non-settling tortfeasors while encouraging equitable settlements.

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Torts Commons