Term
| Joinder is allowed when... |
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Definition
*D's acted in concert
EX:Highway racing; hunting accident;robbery w/different roles
*D acted independently into cause the same harm
*different, unrelated events and parties all play a role in the injury
EX:truck left out in the road @ night without headlights; man not paying attention and hits the truck;third man injured
*D's acted independtly and cause different harms(as long as P's claims arise from same transaction
EX:pedestrain hit by negligent druver; run over by negligent bicyclist, receives negligent medical care
*Vicarious Liability: D's fail to perform a common duty to the P
EX:liability of employer for acts of employee/seller for defects of a product |
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P may join D's, but she can sue 1 tortfeasors without joining the others; D can't compel joinder against P's wishes
J&Several Libiability: each Tf is liable jointly with others for judgment against them, and each is liable for full amount
if P can collect the full amount from any D, D's are jointly and severally liable ; contribution applies
J&SL can apple to strict laibilty action as well as comparative negligence jurisdictions |
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Judgment is enter against D's; P must collect however he can
once P has collected the entire judgment amount, it is satisfied (D's liable for total judgment combined) |
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There can be only one satisfaction of the judgment
P can collect more than one judgment from a single harm, but once there satsfaction, all other TF's release
If D settles with P and judgment is for less than the settling amount, P gets to keep excess (risk for settlement)
payments made on behalf of TF are credite against the judgment against him |
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| what P would accpet as compensation of injury |
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| what a court of law values the P's compensation to be |
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| payment in full of the judgment |
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| P contracts not to sue D, but does not release his legal right to do so; agreemet by P not to enforce his right to sue D, usually in exchange for some $ (benefit to D is ability to counterclaim and cancel out the P's sought damages) |
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| P could obtain only 1 judgment aganst one or more joint TF, so any judgment received from any1 of the TF's barred recovery from the others (rule is comletelt repudiated in the US) |
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| NC Law: Releases and Covenants.. |
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