Tort Flashcards
KEY TERMS
What is the difference between joint liability and joint and several liability?
Jointly liable = all relevant parties (eg Ts, partners etc) are collectively liable for debts and liabilities of the business or for tortious act regardless of role played (ie each must pay a proportionate amount but are not responsible if another does not pay)
Joint and severally = each party is individually and and collectively liable for full obligation (ie where one party does not pay their share, others must pay unpaid portion)
Therefore for JL, risk of non-payment lies with C whereas for JSL it lies with the other responsible parties
PSYCHIATRIC HARM
What type of harm must be foreseeable a person to be secondary victim?
Psychiatric harm must be foreseeable in a person of ordinary fortitude (ie thin skull does not apply)
