Joint & Several Liability Flashcards
Who is responsible in joint/several liabilty?
Joint tortfeasors
Under J&S liabilty, who can a P recover from?
Either tortfeasor, for 100% of the damages
What are the 3 bases for imposing J&S liability?
can be OR, does not have to be AND
- defendants acted in concert to cause harm
- defendants failed to perform a common duty
- defendants acting separately caused indivisible harm
When two or more parties are jointly and severally liable for a tortious act who is liable for the full extent of the injuries?
each party is independently liable for the full extent of the injuries stemming from the tortious act.
Under the doctrine of _____, a defendant who has paid more than his proportionate share of the award has a claim against the other jointly liable parties for the excess payment
contribution
Under the doctrine of _____ a defendant can shift some or all of its share of the damages to another defendant.
indemnification,
Under what circumstance will apportionment not occur?
Apportionment will not occur if not all joint-tortfeasors are present at the time in court.
When there are multiple defendants, a jury may apportion the damages among the defendants based on:
compelling evidence (competent testimony) and a rational basis
When can damages not be apportioned?
(1) P has preexisting condition (prior injury)
(2) D’s subsequent act aggravates the pain/disability of condition
(3) The burden is on D to prove the basis for apportioning
What does “pro rata” mean?
Per person
_____ is acceptance of full compensation for damages assessed and given to Plaintiff
Satisfaction
_____ is the surrender of P’s claim
Release
What is the common law rule for release?
Release of one tortfeasor releases all other tortfeasors who may be liable
