multiple-TFs Flashcards
when does J/S liability apply?
when two or more tortious acts combine to proximately cause an indivisible injury to P
what does it mean that a TF is jointly and severally liable?
each TF owes full damage amt
what’s the rule for joint liability?
each legngent D is fully responsible for a P’s damages, assuming that the D’s caused an indivisible harm
what’s the rule for several liability?
liability is several when D’s cause distinct or separable components of a P’s harm
four times when J/S liability doesn’t apply?
each TF acted independently, P’s injury is divisible, possible to ID injuries caused by each, intentional torts
how does satisfaction relate to P’s ability to pursue jointly liable parties?
until satisfaction, P may proceed against other jointly liable parties
define satisfaction
when a P recovers full payment from one TF either by settlement or judgment
what happens to P’s ability to recover against other TF’s after satisfaction?
once satisfaction is achieved, P can’t recover further against other TF’s
define a release
surrender of P’s cause of action against the party to whom the release is given
is a release against one TF effective against all other TF’s?
release of one TF does not discharge other TF’s unless explicitly provided in the release agreement
how is the liability of each other TF calculated after P has “released” one of the TF’s?
other TF’s still liable for full amt originally J/S liable for minus the amt paid by one TF in the release
what was the holding in Carolina v. Hill?
where there are several non-negligent causes that aren’t separable, either of which suffic to cause entire loss, all are J/S liable for the entire loss
give the fact summary and general topic for Carolina v. Hill.
RR damaged P’s farm by blasting and water diversion, court said imposs to separate (lumber co contributed) so P could recover for all damages solely from the RR (J/S liability)
what are the four general theories of joint liability?
concert of action, enterprise liability, alternative liab, market share liab
what type of agreement between TF’s is needed for concert of action?
agreement between two or more TF’s to injure P
what tpe of liability does a D have when he’s participated in “concert of action”?
both participants are J/S liable for entire damages
what if an injury resulting from “concert of action” is divisible? still J/S liability?
yes - each participant is liable because he has either performed the harm himself or encouraged or induced the tort to happen
what’s the case name and holding used for “concert of action”?
Biercyzski v. Rogers - D’s racing on highway were both liable even though one’s car didn’t touch the D - J/S liable because one caused and one encouraged
what are two policy reasons for enterprise liability?
unfair for P to have not a remedy when the specific manuf can’t be identified, makes entire industry safer because manuf on hook for liability
how many manuf are typically involved in enterprise liability?
court says in the Hall case (enterprise liab case) that it should be limited in use to industries with just a few players
what’s the case name and facts of the Enterprise Liability case we read?
Hall v DuPont - blasting caps injured kids - couldn’t tell who manuf because info was on the blasting cap itself
what was the holding from Hall v DuPont?
enterprise liab - existence of industry-wide standards alone won’t support EL, but could support a finding of joint control of risk and shift burden of proving causation to D’s
what is the definition of alternative liability, and from which case is the definition derived?
Summers v Tice - alt liab places burden of proof on D if P can’t prove which of multiple D’s caused the injury
what happened in Summers v Tice?
Alternative liab - P injured by bird shot from one of his two hunting buddies, but couldn’t tell which one!
how many D’s are necessary (or recommended) for market share liability?
substantial share of the industry players - larger number than in the case of enterprise liab
how does market share liab allocate the liability?
proportional damages based on manuf’s percentage of sales in that market
what are two policy reasons for market share liab?
manuf in best position to discover/warn against defects, holding them liable provides incentive for safety
what exception to market share liab was established by the Sindell v Abbott Labs case?
each D is liable for proportion of judgment rep by its share of market UNLESS it shows it couldn’t have made product which caused P’s injuries
what happened in the Sindell v Abbott Labs case?
market share liab - P’s mom took miscarriage drug that caused latent cancer
what happened in the Hamilton v Accutek case?
market share liab - relatives of six people killed by handguns sued 25 handgun manuf’s for negligence
how does probability factor into the Hamilton v Accutek case?
market share liab - indiv D’s share of liab is based on probability that tis product actuallyc aused harm, with probability determined by market share
when is contribution applicable?
if a TF required to pay damages under J/S liab pays more than their share of damages, then that TF has a claim against other liable parties for excess the first party paid
define contribution
allows for apportionment of responsibility among at-fault parties
what are the two rules (majority and minority) of contribution?
comparative contribution (majority) and equal shares (minority)
what type of torts can contribution NOT be used for?
intentional torts
what’s the diff between comparative contribution and equal shares?
CC is imposed in proportion to relative fault of TF, ES is imposed on all TF’s as equal shares of damages regardless of their relative degrees of fault
how do D’s go after each other for contribution?
multi-party D’s file cross claims for contribution while the action is still in court - doesn’t wait till after judgment
define indemnity
rule that compels one TF to COMPLETELY reimburse another who has paid a judgment to a P
how does indemnity apportion or split up the loss to TF’s?
doesn’t apportion the loss, but shifts the ENTIRE LOSS between TF’s
give three reasons why indemnity is applied
contract, vicarious liability, strict products liability
when does existence of a K incur indemnity?
if there’s a clear agreement to indemnify another against consequences of their own negligence
when does vicarious liability incur indemnity?
when one has to pay damages caused by another simply because of his relationship to that person
what are two types of relationships that incur vicarious liability and therefore require indemnity?
employer and employee, landowner and independent contractor
what options does a D have once they’ve been held vicariously liable for another’s damages?
can seek indemnification from that true at-fault party
who is liable in a strict products liability scenario?
everyone in the distribution chain
what options does each liable party have in a strict products liability once they’ve been held liable?
each entity in the distribution chain has the potential right of indemnity against all others in the chain
what happened in the Nat’l Health Labs v Ahmadi case?
indemnity - malpractice suit against medical group and lab - permanent paralysis due to misdiagnosis
what was the holding in Nat’l Health Labs v Ahmadi case?
indemnity - when two TF’s jointly contribute to harm, both are potentially liable for entire harm, but share equally in satisfaction thru contribution
what happened in the Bervoets v. Pontiac case?
indemnity - passenger injured in car accident, driver liable, driver sued bar for contribution cuz they sold him alcohol
what was the holding in Bervoets v Pontiac?
indemnity - jury in contribution action is first to consider approp award of damages, then determine fault of all parties & order contrib
