Satisfaction and Release, Contribution and Indemnity

Question 1

What is Satisfaction of Tort Damages owed?

Answer 1

Recovery of full payment is a satisfaction, only one of which is allowed. Until there is satisfaction, one may proceed against all jointly liable parties.

Question 2

What is a Release of Tort Damages owed?

Answer 2

Typically, a release of one tortfeasor does not discharge other tortfeasors unless it is expressly provided for in the release agreement.

Question 3

What is the rule of Contribution?

Answer 3

The rule of contribution allows any tortfeasor who is required to pay more than his share of the damages to pursue a claim against the other jointly liable parties for the excess paid.

Question 4

What is the rule of Indemnity?

Answer 4

Indemnity involves shifting the entire loss between or among tortfeasors, and is available:

(1) where provided by contract;
(2) where one party is vicariously liable for the other;
(3) in strict products liability cases; and
(4) sometimes where there is an identifiable difference in degree of fault.

Question 5

When are Punitive damages recoverable?

Answer 5

Punitive damages are only recoverable if the Defendant’s conduct was malicious or willful

Question 6

What are the four requirements before recovering tort damages?

Answer 6

Tort Damages must be:

(1) Causal (causation is established)
(2) Foreseeable (harm was within the zone of danger posed by breach)
(3) Reasonably Certain (damages are calculable)
(4) Unavoidable (required to mitigate losses)