What happens if a release does not expressly include other tortfeasors?

When a release does not expressly include other tortfeasors, it generally means that the release is limited to the parties explicitly named in the document. In tort law, a release typically operates as a legal agreement in which one party waives rights to pursue further claims against another party. If the language of the release does not specifically mention any other tortfeasors beyond the signing party, those unnamed parties remain liable for their actions and can be pursued for damages by the injured party.

This principle stems from the interpretation of contracts and releases, where the intent of the parties is of utmost importance. Absent explicit language indicating that other parties are to be released from liability, the law typically holds that the release only applies to the parties named. Thus, the injured party can move forward with claims against any tortfeasors not included in the release.

The other answer choices present options that misinterpret the effect of a release. Asserting that a release automatically applies to all parties involved overlooks the need for specificity in legal documents. Likewise, stating that it only releases the signing party fails to recognize that the release may leave room for other claims unless expressly stated otherwise. Lastly, claiming that it requires judicial approval also misreads the general legal standard for releases,