Joint tortfeasors

Question 1

Gen Rule

Answer 1

Multiple Ds both contributed to a single, indivisible injury to P and are each fully liable for the injury.

Question 2

Situations that give rise to joint and severally liability

Answer 2

Acting in concert, vicarious liability, independent acts that cause the harm

Question 3

Satisfaction

Answer 3

Acceptance of compensation for the injury

Question 4

Full satisfaction

Answer 4

If settlement with one for the full amount, the P cannot recover additional amount from the other tortfeasors

Question 5

Partial satisfaction

Answer 5

Will not release all the tortfeasors, may release the one who pays. Tortfeasor not released should be credited the amount paid.

Question 6

Release

Answer 6

Surrender of P’s claim.

Question 7

Release at Common Law

Answer 7

Release of one tortfeasor releases all tortfeasors

Question 8

Release at Modern Law

Answer 8

Even if P releases one, P may sue the remaining as long as P expressly reserved right to do so.

Question 9

Covenant not to sue

Answer 9

P does not surrender the cause of action, but contracts not to sue on it. Does not release other JTs unless full comp. Does lower it.

Question 10

Contribution

Answer 10

If one JT is forced to pay entire amount or more than his fair share, may seek contribution.

Question 11

Contribution is determined …

Answer 11

based on pro rata share. Vicarious liability are treated as one share

Question 12

Contribution SOL

Answer 12

1 year after judgment

Question 13

No contribution

Answer 13

From immune tortfeasor, Between intentional wrongdoers, If J&SL had been eliminated, Individual injured at work

Question 14

Contribution for settling tortfeasor

Answer 14

May recover when settlement discharging everyone; and is reasonable

Question 15

Indemnification

Answer 15

Allows D who is without fault but held liable, to recover the full amount from responsible parties.

Question 16

Apportionment of damages

Answer 16

Concurrent TFs-Act independently to cause indivisible harm, P can recover from both. Successive TF & unrelated accident-2nd TF liable. Successive TF & related accident, D liable for all injuries resulting from his wrong doing.