Contribution, Indemnity, and Apportionment of Damages

Question 1

Define Contribution?

Answer 1

Contribution is the claim of a defendant that another party pay a fair share of damge for which the defendant is liable.

Question 2

Define Indemnity?

Answer 2

Indemnity is the right of a defendant to reimbursement from the party whose fault created the defendant’s liability.

Question 3

What if a defendant settles liability in good faith?

Answer 3

A defendant who settles liability in good faith is no longer subject to contributin from other parties.

Question 4

Is contribution allowed if the fault has been apportioned?

Answer 4

Contribution actions are not necessary or allowed where tort law apportions liability among the liable defendants.

Question 5

Explain common law indemnity?

Answer 5

Common law indemnity applies where the defendant seeking indemnity has only vicarious liability.

Question 6

Explain contractual indemnity?

Answer 6

Contractual indemnity allocates the liability for fault by advance agreement among the responsible defendants.

Question 7

Explain apportionment of damages for successive injuries?

Answer 7

When the plaintiff has suffered successive injuries from separately liable defendants, then damages are apportioned to each defendant.

Question 8

Explain apportionment of damges for uncertain causes?

Answer 8

When plainitff is unable to prove which defendant caused which successive injury, the defendants may have the burden of proof to separate injuries.