Joint Tortfeasors Flashcards
Define Joint and Several Liability
Joint and several liability applies to joint tortfeasors and they are jointly liable or individually liable for the entire damages. The plaintiff may seek full recovery from any or all of the tortfeasors.
What is the basis for imposing joint and several liability?
A. Defendants acted in concert; or
B. Defendants failed to perform a common duty; or
C. Defendants acting separately caused indivisible harm
Define insolvency
A defendant may declare bankruptcy before or after judgment
Who has the burden of insolvent, immune, or missing defendants
Defendants
When may a judgment based on negligence be discharged
In bankruptcy
Can judgments based on intentional torts be discharged in bankruptcy?
No
Can a defendant be jointly and severally liable for damages resulting from intentional torts?
Yes
Define Satisfaction
To pay a bill in full. However, there can only be one satisfaction of a judgment
Define release
A plaintiff surrenders a right or claim against an individual or entity.
Define the common law rule of release
Release of one tortfeasor releases all others who may be liable
Define a general release
A general release, releases all parties
Define contribution
If a defendants liability is established to the plaintiff, the defendant may seek contribution from a second defendant, but must only recover the other defendants portion of liability.
Define Indemnity
To indemnify is to compensate someone for a loss in whole or in part. Indemnity shifts the entire liability to someone else. It is all-or-nothing. It does not divide liability.
Define Apportionment of Damages
A tortfeasor is liable for the injuries they proximately caused
In order to show apportionment of damages, a defendant must show:
- Reasonable basis for dividing the damages
2. Evidence competent for dividing damages
