Multiple parties Flashcards
What are Mary carter agreements?
its a release to give up the right to sue.
what is joint and several liability?
when two or more tortfeasors are jointly and severally liable each defendant is subject to the liability for all of the plaintiffs damages.
What are the traditional rules of J+S liability?
apportionment is required if the harms done by two or more tortfeasors were separable or divisible as where A caused the plaintiff’s broken arm and B caused the plaintiff’s broken leg.
How do you handle an indivisible injury?
If the injury was indivisible in nature, then each tortfeasor who contributed proximately to that injury was liable for the entire judgment
What are actions in concert?
Whether or not the injury was indivisible, if the defendants acted in concert, or one defendant acted tortuously and the other was vicariously liable each defendant was liable for the entire injury.
What is contribution?
Apportionment is completed under the rule that when one tortfeasor paid more than his appropriate share of liability, he could ordinarily obtain contribution from the other tortfeasors, a rule generally followed in the latter part of the 20th century.
What is the hybrid law of J+S liability?
When persons are liable because they acted in concert, all persons are jointly and severally liable for the share of comparative responsibility assigned to each person engaged in concerted activity.
