Joint tortfeasors Flashcards
Liability and joinder of defendants
a. people who engage in a planned action together that injures plaintiff are both liable to P
- in some jurisdictions each tort feasor will only pay portion of damages the percentage contributed to the accident
satisfaction and release
P can file suit against any defendant he chooses and to take as many judgements, but can collect money only once
joint tort feasors
two or more people liable for the same injury or accident
Divisible injuries
example one arm broken by A
and one leg broken by B
can only collect amount of injury done by each party
indivisible injuries
If P has indivisible injuries, the D will either be held severally liable or jointly and severally liable, depending on the jurisdiction
Several Liability
injured P may only recover a severally liable defendants comparative-responsibility share of the injured plaintiffs damages
ezz–>
- person or party involved in a situation is responsible for their own part of the problem
- if there are multiple ppl @ fault, each has to pay for the part they caused, not the whole thing.
joint and several liability
injured plaintiff may sue and get full amount of damages from any jointly and severally liable defendant
contribution and indemnity
non immune tort fears are those who are responsible for causing harm,
immune tort fears are those protected by law and can’t be sued for it.
- the ones who can not be sued for it can not be asked to pay for the harm, even if they were involved
if many people are responsible for the harm and one of them ends up paying more than fair share,
they can ask the other parties to pitch in (this is contribution)
they can do this by asking for reimbursement or filing a separate legal action
apportionment of damages
figuring out how much each person or party should pay based on their level of fault or contribution to the harm
