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14 Cards in this Set

  • Front
  • Back
J/S Liability
-multiple Ds, harm to P is indivisible
-each D liable for the entire harm
-Note- if harm was divisible, liability would just be several, not J/S
-P can collect portion from each D or all from one D
J/S Liability usually imposed ...
1. Ds acted in concert
2. Ds failed to perform common duty to P
3. Ds acted independently to cause single, indivisible harm to P
Retain J/S L with Comp. Neg?
-P's harm is indivisible - assigning arbitrary proportions of fault doesn't automatically make the harm "divisible." D was still proximate cause of entire harm. If multiple causes, D not absolved of liability
-not fair for P to bear loss b/c D doesn't have finances to cover liability
-P's neg. to himself is NOT tortious. D's neg. to P is tortious.
-P doesn't have adequate means of compensation without J/S L
-Comp. Neg. already reduces recovery by P's fault. Not necessary to go further

-BUT the trend is eliminating J/S L in light of comparative neg.
Indivisible Harm v. Divisible Harm
-if there is rational basis for apportioning harm - no J/S liability
Concert of Action
-2+ Ds acted in concert under joint scheme/plan --> no apportionment; J/S L
-can be implied or explicit agreement/plan
-sometimes known as joint tortfeasors
Successive Injuries
-if substantial period of time between successive injuries, can usually apportion damages; no J/S L.

-overlap - if second neg. act occurred as a result of first neg. act - D1 liable for I1 & I2; D2 only liable for I2.
Multiple Independent Tortfeasors
-2+ independent negligent acts combined to produce a single, indivisible harm to P
-sometimes known as concurrent tortfeasors
Satisfaction & Release
-P only allowed one satisfaction
-if recovered judgment - not allowed more (judicial efficiency and convenience)

-Release = surrender of P's claim (for partial or full compensation).
-Release usually construed as covenant not to sue the particular D. P can still sue other Ds.
-Note - if P breaks covenant - D can countersue on br/cov and get damages of P's full recovery
Hybrid J/Sa
Mary Carter
-P settles with D, but D remains a party to suit, AND D has incentive to help P
-larger P's recovery is against other Ds, less settling D owes P

-majority: MCs allowed, but must be disclosed
-if D forced to pay more than his share of damages to P under J/S L, he can recover from other Ds
Contribution - Exception
-P could not have sued other D originally (immunity, etc.)
-D (which overpaid and seeking contribution) was an intentional tortfeasor
Contribution & Settlement
1) even if D settles, other Ds can still sue for contribution.
--> gave way, b/c no incentive to sue

2) after P settled with one D, can only get pro rata share from other Ds; P assumes risk of settling low early; Less relevant approach.

3) if D settled, other Ds not allowed to seek contribution; *settlement must be in GF; disparity in damage amt. not evidence of bad faith; bad faith = fraud; PRIMARY approach; but --> litigation re. GF.

-most states allow settling D to seek contribution from other Ds if he overpaid (TX,minority - settling D can't get contribution)
-full shifting of loss from one wrongdoer to another
-appropriate in insurance, respondeat superior, principal-agent, etc.
-not available if one D is simply more neg. than the other. (comp. neg better)