Joint and Proportionate Liability - Jan. 30 Flashcards
What do the doctrines of joint and proportionate liability address? (Feldman)
The doctrines of joint and proportionate responsibility address liability among tortious wrongdoers legally responsible for inflicting the same indivisible harm. Indivisibility of harm links this topic with causation.
What questions do we ask when addressing joint and proportionate liability? (Feldman)
We ask: (1) are both liable to the plaintiff for the entire harm? And (2) what are the liabilities of the injurers to one another?
What does the doctrine of joint and several liability mean? (Feldman)
The doctrine of “joint-and-several liability * * * means
that each defendant contributing to the same harm is liable to [the victim] for the whole amount of recoverable damages.” (598, 603)
What is contribution? (Feldman)
Contribution is a right that “exists between or among two persons who are jointly and severally liable upon the same indivisible claim for the same injury, death, or harm, whether or not judgment has been recovered against all or any of them.” (598, 603)
What is indemnity? (Feldman)
Indemnity is also a right that exists between or among parties liable to the same victim for an indivisible harm.
What makes indemnity different from contribution? (Feldman)
Unlike contribution, which is an equitable sharing of the loss, indemnification is a shifting of the entire loss from one tortfeasor to another, either (a) by prior agreement or (b) by operation of law based on
equitable considerations such as “where one party has primary or greater liability or duty which justly requires [them] to bear the whole of the burden as between the
parties.” (598, 604)
What does proportionate liability mean? (Feldman)
Proportionate liability means that each defendant
contributing to the same harm is liable to the victim only in proportion to their tortious responsibility for the victim’s injury.
