tortsjointliability - Joint and Several Liability Torts...

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Joint and Several Liability Torts Laura Rothstein Goals 1) Compensate plaintiff 2) Not unjustly enrich 3) Discourage wrongdoing 4) Fairness among tortfeasors 5) Judicial efficiency Theories of Joint Liability 1) Concert of action (express or implied agreement) 2) Common duty (landlord/tenant; employer/employee; master/servant) 3) Vicarious liability (because of relationship – employer/employee) 4) Indivisible harm (sequential events; combined events where cannot identify which party caused the harm) General Rule P can join all D’s involved in single occurrence (or closely related occurrences) in a single action. Traditional rule -- Where each proximately caused P’s injury (regardless of degree), each D is liable for the entire damage. Some jurisdictions use principles from comparative negligence between plaintiffs and defendants to apply a different rule – that a negligent D is only liable for his/her portion of the harm Satisfaction and Release In jurisdictions allowing total recovery from one D, P can still only collec/recover
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This note was uploaded on 04/18/2011 for the course LAW 101 taught by Professor Many during the Spring '11 term at University of Louisville.

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tortsjointliability - Joint and Several Liability Torts...

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