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4 Cards in this Set
- Front
- Back
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Causal Apportionment |
Separate or divisible injuries. WHen each D is guilty of a distinct part of the harm, each party pays according to the harm they caused. Broken arm and a broken leg |
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Fault apportionment |
Indivisble injury. when 2 parties (joint tortfeasors) are both responsible, there's no clear breakdown which D is responsible for which harm . Joint and several, proportionate fault, several |
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Joint and Several |
P can sue only one D or total amount, or split up the amount between the two or more D's. Contribution: where one D is charged, but can get contributions from other D's (divided evenly among them). |
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Several liability |
no tortfeasor is responsible for more than his share of damages; if one can't pay his share, the P can only get portion from the one who can. where jury decides the portion of liability is to be put on each D (ie. 60% to one and 40% to the other) NOTE: in this case, P must go after eah D for the specific amount for which each is liable- if one (40%) is insolvent, can only recover 60%. |
