Joint Tortfeasor Problems Flashcards
Within Joint Tortfeasor Problems, what is Joint and Several Liability?
When two or more tortfeasors are either acting in concert or the injury is indivisible, then each tortfeasor is jointly and severally liable.
Joint and several liability is a rule in which two or more parties can be held independently liable for the full amount of plaintiff’s damages, regardless of their respective degrees of fault.
It is liability that may be apportioned among two or more parties, or just one, such that each liable defendant is deemed responsible for the entirety of damages, subject to a potential right of contribution from joint defendants and a bar against plaintiff recovering more than 100 percent of the total damages awarded.
Within Joint Tortfeasor Problems - Joint and Several Liability, what is the rule with regard to liability of Acting in Concert?
When both defendants are acting together, both defendants are liable even though maybe only one did the tortious act.
Within Joint Tortfeasor Problems - Joint and Several Liability, what is the rule with regard to liability of an Indivisible Injury?
When the injury cannot be attributed to only one defendant, both defendants are liable
Within Joint Tortfeasor Problems, what is Satisfaction?
The conferral of something for the purpose of discharging a debt or other obligation.
Within Joint Tortfeasor Problems, Satisfaction is full payment by one of the tortfeasors in satisfaction of a judgment.
Within Joint Tortfeasor Problems - Satisfaction, is the plaintiff entitled to more than one Satisfaction?
No. A plaintiff can only recover 100% of her damages, once.
Within Joint and Several Liability - Satisfaction, if the judgement has been satisfied in full, can the plaintiff bring another action against a different defendant?
No, however, the first defendant can go after the other defendants for contribution or indemnity
Within Joint Tortfeasor Problems, what is Release?
Surrender of a plaintiff’s cause of action. Through contract or agreement, one tortfeasor is being released from liability.
Within Joint Tortfeasor Problems - Release, what is the common law and modern rule of Release?
Common law - Release of one defendant releases all defendants. Modernly - majority of states hold that release does not release any other tortfeasor unless it is expressly provided for in the release.
Within Joint Tortfeasor Problems - Release, if consideration is paid, liability of other tortfeasors will be:
Reduced by the amount of the consideration
Within Joint Tortfeasor Problems, what is Contribution?
The right of a defendant who is adjudged jointly and severally liable with other tortfeasors to recover from those other tortfeasors amounts paid by the defendant in excess of the defendant’s share as determined by the percentage of fault assigned.
Partial reimbursement. Allows any defendant that pays more than their share of damages to recover from the other tortfeasors.
Within Joint Tortfeasor Problems- Contribution, what is the majority rule Method of Apportionment?
Comparative Contribution (Equal Contribution is the minority, traditional rule).
Within Joint Tortfeasor Problems - Contribution, what is Comparative Contribution?
Proportional shares. Each defendant pays in proportion to their relative fault
Within Joint Tortfeasor Problems - Contribution, whom can Contribution be recovered from?
Only from a party that would have been liable to the original plaintiff
Within Joint Tortfeasor Problems - Contribution, does Contribution apply to intentional torts?
No. If the defendants join to commit an intentional tort, such as assault and battery, against the plaintiff, contribution among the defendants is not available.
Within Joint Tortfeasor Problems, what is Indemnification?
Required payment to an individual who has been held liable for the act of another and, as a result, suffered a loss without fault.
Full reimbursement. Shifts the entire loss among the tortfeasors.
