Satisfaction & Release

Question 1

Satisfaction is ____ of full ____ for damages assesed and given to the P

Answer 1

acceptance

compensation

Question 2

Define Release

Answer 2

The release of the P’s claim after the judgment is satisfied

Question 3

What is the Common Law rule for release?

Answer 3

Release of 1 tortfeasor releases all other tortfeasors

Question 4

When a D is liable for a tort that was performed by another person simply because they are attached to the D in a capacity where they would be responsible for the D’s wrongdoings ?

(ex. suing a hospital + doctor)

Answer 4

Vicarious Liability

Question 5

When does the right to contribution exists?

Answer 5

The right to contribution exists only where a D has paid more than their pro rata share of their damages to the P

Question 6

Indemnity ____ liability to another party.

Answer 6

shifts

Question 7

What are the 2 situations when damages not be apportioned?

Answer 7

1. P has preexisting condition (prior injury)

2. D’s subsequent act aggravates the pain/disability of condition

Question 8

Who has the burden of proving the basis for apportioning?

Answer 8

The Defendant

Question 9

What happens if the D cannot provide sufficient evidence for a reasonable basis to apportion damages?

Answer 9

D may be potentially liable for all damages that may have resulted, whether he was the direct cause or not