Intentional Wrongdoers c Non Parties d Persons Who Have Settled Indemnity 100

Intentional wrongdoers c non parties d persons who

This preview shows page 8 - 10 out of 13 pages.

Intentional Wrongdoers c) Non-Parties d) Persons Who Have Settled Indemnity 100% reimbursement awarded to prevent unjust enrichment May be granted if: Indemnitee is only vicariously liable Indemnitee acted at the direction of the indemnitor Indemnitee incurs liability only because the indemnitor breached a duty to him or her Contract so provides Indemnity formerly was available to one whose negligence was merely secondary or passive. Contribution Partial reimbursement awarded because a party has paid more than the party’s fair share of damages Available on a pro rata or proportional basis Not available for intentional torts Contribution from Settling Joint Tortfeasors 3 Basic Views: 1) Defendant enjoys a setoff and contribution is available 2) Defendant enjoys a setoff, but no contribution is available if the settlement was made in good faith 3) Defendant may not obtain contribution, but the judgment is reduced on a pro rata or proportional basis IMMUNITIES Family Immunities Sovereign Immunity Official Immunity Federal Officials & Employees State Officials & Employees Charitable Immunity
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Parental Immunity dAt Common Law: Barred personal injury actions between children and parents Traditional Justifications: Preserve domestic tranquility Preclude fraudulent claims Permit discipline Today: Abolished in some states Other states refuse to apply the immunity in cases involving: Intentional or reckless torts Death of the parent or child Business activities Auto cases (w/ or w/o insurance) Spousal Immunity At Common Law: Barred personal injury actions between spouses Traditional Justifications: Preservation of domestic tranquility Preclusion of fraudulent claims Legal unity of husband and wife Today: Completely abolished in a majority of states Riddled with exceptions in other states (e.g., intentional or reckless torts, auto accidents, termination of marriage) Sovereign Immunity “Rex non potest peccare” ( The king can do no wrong”) “A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes law on which the right depends.” Kawananakoa v. Polyblank , 205 U.S. 349 (1907) (maj. op. by J. Holmes) “It’s good to be da king.” Mel Brooks, History of the World, Part I Sovereign & Governmental Immunity Policy Considerations Protecting the public treasury Preserving separation of powers Maintaining orderly administration of government Allowing citizens injured by tortious acts of government to recover for their injuries Sovereign & Governmental Immunity Generally: Discretionary functions are immune Federal Government: FTCA permits actions for negligence but bars actions for intentional torts, misrepresentation; no punitive damages; no jury trials Feres Doctrine bars claims by active duty military Cannot be sued in state courts State Immunity:
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