Negligence: Multiple Defendant Issues

Question 1

consist of two or more persons who join together to commit a tortious act. Their status is similar to that of co-conspirators in
criminal law, and each is vicariously liable for the acts done by the other in the furtherance of the common design.

Answer 1

Joint Tortfeasors

Question 2

consist of two or more persons who are not acting in concert with each other but whose acts combine to produce a single indivisible injury to the plaintiff. In some jurisdictions, joint and several liability is applied in a pure form, holding each concurrent tortfeasor liable for the full amount of the harm. However, a majority of jurisdictions will apportion damages by using a comparative fault system. Vicarious liability does not apply.

Answer 2

Concurrent Tortfeasors

Question 3

one whose negligence follows an initial injury and adds to, or aggravates, the existing injury. Under the rules of proximate causation, if the second tortfeasor’s negligent act did not break the chain of causation set in motion by the first tortfeasor, then the first tortfeasor can be held liable for both acts. However, if the second tortfeasor’s negligent act did break the chain of proximate causation, the first tortfeasor can only be held liable for his own negligence.

Answer 3

Successive Tortfeasors

Question 4

imposed upon joint and concurrent (but not successive) tortfeasors. This means that each is responsible for the full amount of the plaintiff’s injury and the full amount of a related court judgment. Judgments for the full amount may be obtained against any of the tortfeasors, but the plaintiff is not entitled to recover more than the total judgment. Thus, satisfaction from one tortfeasor will discharge the liability of the others to the plaintiff.

Answer 4

Joint and Several Liability

Question 5

Something that one gives or does in order to help an endeavor be successful. Also, an amount of money one gives in order to help pay for something

Answer 5

Contribution

Question 6

A duty to make good any loss, damage, or liability incurred by another. Also, the right of an injured party to claim reimbursement for its loss, damage, or liability from a person who has such a duty. Also, reimbursement or compensation
for loss, damage, or liability in tort; especially the right of a party who is secondarily liable to recover from the party who is primarily liable for reimbursement of expenditures paid to a third party for injuries resulting from violation of a common-law duty.

Answer 6

Indemnity