Torts

Question 1

**

joint and several liability

comparative contribution state

Answer 1

Under J+S liability, each D found at fault must pay the whole amount of damages individually–not just a portion of it.

In a comparative contribution state, a D can recover from the other Ds for damages paid in excess of the amount proportionate to its relative fault.

If the D1 also has a direct claim again the other D2, then D1 can also recover damages for the direct claim from D2–but reduced by the proportion of D1’s fault.

Question 2

merging causes

Answer 2

two independent causes merged together resulting in one harm

1. Usually, actual cause is determined by – “but for”
2. BUT bc several causes merged to bring about an harm—the actual cause is satisfied if defendant’s conduct was a substantial factor in causing the injury
3. analyze proximate cause
4. each D is jointly and severally liable