joint & several liability contribution & indemnity satisfaction & discharge releases apportionment Relationship to comparative fault

• General rule of Joint & Several Liability?– Each D is jointly liable with all other Ds for all damages and

each D is also individually liable for full amount: P can get compensation from any one or all as group(rule favoring P’s full compensation)

• Basis for joint liability (when does it apply) – 1stDs act in concert to create “joint risk” (see note 5, p.

363)– 2nd Note 7: Failure to perform common or shared

duty• e.g. elevator falls (landlord/ tenant/ repair co.)…may include

vicarious liability relationships (e.g., partners)– 3rd Note 8: Independent acts of negligence combine

to create indivisible injury (not capable of apportionment)

distinguish from procedural “joinder” of parties and claims (see note 3, p. 362)

• Bierczynski v. Rogers Basis for Joint & Several Liability?• Assume:  

$100,000 in damages in this case means….what?

If Race has no $?If ∏ hates Rodgers and is best bud with

Race?

• Contrast: from “apportionment” acting independently D1 breaks P’s leg, D2 breaks P’s nose…• The evidence shows which D caused what damage…that is, the

damages can reasonably be apportioned between them NB: the D’s act independently…if they act in concert?

• Comparative fault accounting for contributory negligence of P by reducing damages by percentage of fault

• If Jury must assess relative fault of P why not also for other defendants?– D1: 60% fault, D2: 30% fault, P: 10% fault

• Any effect on J & S liability?– Arguments for and against eliminating J & S– Key policy problem: Risk of missing or

impecunious D• Florida? figure it out based on statute

• General Rule?– Recovery from any or all- but only one

satisfaction of claim• Bundt v. Embro• What is the “one satisfaction” mean?

– Settlement?– Multiple judgments?

• Partial Satisfaction- Note #4-must credit other ∆’s

• Collateral Sources- Note # 4

• Common law rule: – Release one of J.T. releases all

• What is a “release”?– Legal effect? Surrenders ∏’s claim– Distinct from “satisfaction”?

• How is “covenant not to sue” different?– K’tual promise not to sue which does not

technically release claim against D• Modern approach• Mary Carter Agreements

• Common Law Rules on Contribution – Ds may seek contribution from other

Ds who paid less than their share…which is?

– Traditional Rule for dividing damages among joint ∆’s: if there are 4 ∆s & 100,000 judgments?• pro rata apportionment b/w Ds

• J & S who pays what to P versus Contribution how D’s divide up…between Ds

• What if a state eliminates J & S? Effect on contribution?

What if ∆1 settles for $1000 but later Judgment against ∆2 for $100,000?

Can ∆2 seek contribution from ∆1?If so, why would ∆1 settle? 

What if D1 settles for $100,000? Can he seek contributions for other non-settling Ds?

• Knell v. Feltman: when can D seek contribution…?– what if P doesn’t sue D2? – C/L rule against Contribution among joint tortfeasors…

intentional torts

• Under Fla. Law?768.31 (2)(d) and (5)(b)?

• Yellow Cab (immune D)

Distinct from Contribution in that entire liability of D …is shifted to actual tortfeasor (or by K’tual promise)

Why? Liability imposed by law/relationship e.g.

vicarious, dangerous instrumentally, innocent partner