Joint + Several Liability

Question 1

joint + several liability

Answer 1

• applies to joint tortfeasors
• joint = defendants are liable for damages as a group
• several = each defendant is separately and individually liable for damages

Question 2

basis for joint + several liability

Answer 2

1. acting in concert to product harm
2. defendants owed common duty to plaintiff
3. defendants acting separately

Question 3

acting in concert

Answer 3

two or more people agree to pursue a common goal and cooperate to achieve that goal

Question 4

satisfaction

Answer 4

injured party (the p) has received full compensation (monetary or other) for the harm caused by the tortfeasor

Question 5

release

Answer 5

contractual agreement in which the injured party (the p) agrees to relinquish the right to sue the tortfeasor, usually in exchange for some form of compensation

Question 6

contribution

Answer 6

right of defendant, who has discharged a common liability to recover from defendant 2, but only to recover defendant 2, their portion of the liability
- right of defendant who paid more than her “pro-rata” share to seek damages against one or more tortfeasor
- intentional tortfeasors have no right to get contribution but they are liable to make contribution

Question 7

indemnity

Answer 7

to compensate someone for a loss, in whole or in part. a complete transfer of liability to a third party (reimbursing someone for damages)
- shifts liability to someone else, all or nothing
- no right of indemnity among joint tortfeasors, each of whom is a proximate cause of p’s injuries