Joint Tortfeasors

Question 1

Define Joint tortfeasors

Answer 1

Tortfeasors acting in concurrent negligence imposing liability on each participant for any injury resulting from their conduct.

Question 2

Define joint + several liabilty

Answer 2

Tortfeasors that are liable together as a group (joint) and liable separately for damages (several)

Question 3

T/F: P may seek full recovery from either or all tortfeasors

Answer 3

True

Question 4

Each D is liable for their ___ ____ _____ of the damages?

Answer 4

Pro rata share or per persons share

Question 5

3 ways joint + several liability can apply.

Answer 5

1- D acted in CONCERT
2- D failed to perform a COMMON DUTY
3- D acted separately causing INDIVISIBLE HARM.

Question 6

T/F: D can be found jointly + severally liable for damages from intentional torts AND negligence

Answer 6

True

Question 7

General Rule for JS liability

Answer 7

Joint and several liability holds each defendant liable to the plaintiff for the entire damage incurred, so that the plaintiff may recover the entire judgment amount from any defendant being limited to one total recovery.

Question 8

T/F: JS Liability is apart of damages

Answer 8

True

Question 9

Define satisfaction

Answer 9

A legal duty or obligation that is satisfied upon a judgment for the P’s amount of damages

Question 10

GR for satisfaction

Answer 10

Someone who has been injured by the wrong of joint + several tortfeasors may recover his damages against either or all, but although there may be several suits and recoveries, there can only be ONE satisfaction.

Question 11

Define release

Answer 11

Relinquishes a right or claim against an individual or entity.

Question 12

General Rule for release

Answer 12

Under common law, the release of one tortfeasor releases all others are also liable.

Question 13

Define covenant not to sue

Answer 13

(A contract) A party having a right of action agrees not to assert that right in litigation.

Question 14

Define contribution

Answer 14

The right of D1, who has been discharged a common liability, to recover from D2 but only to recover D2 pro rate share of the liability.

Question 15

T/F: Under contribution, D2’s liability must be established before D1 can receive contribution

Answer 15

True

Question 16

T/F: If one D settles, the others can still receive contribution

Answer 16

False

GR: If a D settles, he or she does not have to pay contribution.

If the settlement is greater than the pro rata share, D may be able to receive contribution.

Question 17

General rule for contribution:

Answer 17

Contribution is allowed between joint tortfeasors to recover only their portion of the liability.

Question 18

T/F: Contribution and Indemnity go hand in hand.

Answer 18

False; Keep them seperate

Question 19

Define indemnity

Answer 19

Reimbursing someone for a loss, in part or in whole.

Question 20

General Rule for indemnity

Answer 20

Indemnity allows someone who is without fault, compelled by operation of law to defend himself against the wrongful act of another, to recover from the wrongdoer the entire amount of his loss including reasonable attorney’s fee.

Question 21

General rule for apportioning damages

Answer 21

Tortfeasor can be held liable for the injuries she approximately causes.

Question 22

T/F: If the damages can be apportioned, D can still be found jointly + severally liable

Answer 22

False

Question 23

To apportion damages among tortfeasors, the D has the burden to show (2 things)

Answer 23

1- Competent evidence for dividing the damages and

2- must have a reasonable basis for dividing

Question 24

As a matter of fact, who determines liability % for each D

Answer 24

The jury