multiple-TFs Flashcards
(50 cards)
when does J/S liability apply?
when two or more tortious acts combine to proximately cause an indivisible injury to P
what does it mean that a TF is jointly and severally liable?
each TF owes full damage amt
what’s the rule for joint liability?
each legngent D is fully responsible for a P’s damages, assuming that the D’s caused an indivisible harm
what’s the rule for several liability?
liability is several when D’s cause distinct or separable components of a P’s harm
four times when J/S liability doesn’t apply?
each TF acted independently, P’s injury is divisible, possible to ID injuries caused by each, intentional torts
how does satisfaction relate to P’s ability to pursue jointly liable parties?
until satisfaction, P may proceed against other jointly liable parties
define satisfaction
when a P recovers full payment from one TF either by settlement or judgment
what happens to P’s ability to recover against other TF’s after satisfaction?
once satisfaction is achieved, P can’t recover further against other TF’s
define a release
surrender of P’s cause of action against the party to whom the release is given
is a release against one TF effective against all other TF’s?
release of one TF does not discharge other TF’s unless explicitly provided in the release agreement
how is the liability of each other TF calculated after P has “released” one of the TF’s?
other TF’s still liable for full amt originally J/S liable for minus the amt paid by one TF in the release
what was the holding in Carolina v. Hill?
where there are several non-negligent causes that aren’t separable, either of which suffic to cause entire loss, all are J/S liable for the entire loss
give the fact summary and general topic for Carolina v. Hill.
RR damaged P’s farm by blasting and water diversion, court said imposs to separate (lumber co contributed) so P could recover for all damages solely from the RR (J/S liability)
what are the four general theories of joint liability?
concert of action, enterprise liability, alternative liab, market share liab
what type of agreement between TF’s is needed for concert of action?
agreement between two or more TF’s to injure P
what tpe of liability does a D have when he’s participated in “concert of action”?
both participants are J/S liable for entire damages
what if an injury resulting from “concert of action” is divisible? still J/S liability?
yes - each participant is liable because he has either performed the harm himself or encouraged or induced the tort to happen
what’s the case name and holding used for “concert of action”?
Biercyzski v. Rogers - D’s racing on highway were both liable even though one’s car didn’t touch the D - J/S liable because one caused and one encouraged
what are two policy reasons for enterprise liability?
unfair for P to have not a remedy when the specific manuf can’t be identified, makes entire industry safer because manuf on hook for liability
how many manuf are typically involved in enterprise liability?
court says in the Hall case (enterprise liab case) that it should be limited in use to industries with just a few players
what’s the case name and facts of the Enterprise Liability case we read?
Hall v DuPont - blasting caps injured kids - couldn’t tell who manuf because info was on the blasting cap itself
what was the holding from Hall v DuPont?
enterprise liab - existence of industry-wide standards alone won’t support EL, but could support a finding of joint control of risk and shift burden of proving causation to D’s
what is the definition of alternative liability, and from which case is the definition derived?
Summers v Tice - alt liab places burden of proof on D if P can’t prove which of multiple D’s caused the injury
what happened in Summers v Tice?
Alternative liab - P injured by bird shot from one of his two hunting buddies, but couldn’t tell which one!
