Deck 15: Joint Liability

Question 1

If several defendants act in concert to cause the plaintiff injury, but only one defendant directly causes the injury, only that defendant can be held liable.

Answer 1

False

Question 2

If the harm done to the plaintiff can be apportioned, each defendant is jointly and severally liable for the total harm.

Answer 2

False

Question 3

The rule regarding joint and several liability is not applicable to concurrent tortfeasors.

Answer 3

False

Question 4

Joint and several liability has been abolished in most states.

Question 5

A plaintiff who enters into a covenant not to sue surrenders his or her claim.

Question 6

Mary Carter and Gallagher agreements promote settlement but are also potentially abusive to nonagreeing defendants.

Question 7

A plaintiff is entitled to only one of his or her judgment in that the plaintiff can collect only once.

Question 8

If a loss is indivisible, joint tortfeasors are liable in that they are wholly responsible for the entire loss suffered by the plaintiff.

Question 9

Under the common law, the release of one defendant resulted in the release of all defendants.

Question 10

Mary Carter and Gallagher agreements must always be disclosed to the trier of fact.

Question 11

A plaintiff is entitled to only one satisfaction of a claim.

Question 12

Mary Carter and Gallagher agreements allow defendants to circumvent the no-contribution rule.

Question 13

Under the majority rule, contribution is allowed for intentional tortfeasors.

Question 14

Under the common law, plaintiffs often opted to enter into a if they wanted to settle with a defendant rather than a because entering into the latter resulted in absolving all the defendants of liability.

Question 15

A defendant that can raise a legitimate defense is not subject to contribution.

Question 16

When a party another tortfeasor by assuming total financial responsibility for that tortfeasor, he or she assumes the role of an .

Question 17

A defendant who pays more than his or her pro-rata share of the damages is entitled to from the other defendants.

Question 18

Today, a plaintiff's intent to reserve his or her rights to sue nonreleased defendants can be proved using verbal statements.

Question 19

Two or more persons who act in concert to intentionally or negligently harm another are called tortfeasors. If the tortfeasors act independently to cause the plaintiff injury, they are called tortfeasors.

Question 20

The traditional common law rule prohibiting contribution from a released defendant inhibited plaintiffs from settling.

Question 21

Why might a defendant ask for contribution?

Question 22

Why have some states abolished the doctrine of joint and several liability?

Question 23

What is the significance of two or more tortfeasors being found jointly and severally liable?

Question 24

Indemnification involves a sharing of liability.

Question 25

As a result of joint and several liability, defendants may be forced to shoulder harm caused by others.

Question 26

Plaintiffs benefit from Mary Carter and Gallagher agreements because they can pressure defendants into cooperating with them and do not have to deal with the "empty chair" defense.

Question 27

What must be shown before tortfeasors can be held jointly and severally liable?

Question 28

What is the reasoning behind allowing contribution?

Question 29

A sheriff who wrongfully seizes another's property will be indemnified by the governmental agency for which he works as long as he reasonably believes the orders he receives are lawful.

Question 30

What is the difference between a release and a covenant not to sue?

Question 31

Under the provisions of a Mary Carter or Gallagher agreement, a defendant may end up paying nothing even if they are found liable.

Question 32

Describe a situation in which one party might indemnify another.

Question 33

There is no distinction between Mary Carter and Gallagher agreements.

Question 34

The purpose of indemnification is to avoid the unjust enrichment of tortfeasors.

Question 35

Joint and several liability helps ensure that plaintiffs are fully compensated.

Question 36

What social policy justifies the retention of the doctrine of joint and several liability?

Question 37

Under the doctrine of equitable indemnity, the amount of indemnity is dependent on the relative fault of the tortfeasors.

Question 38

If a retailer seeks to be indemnified by a manufacturer, the retailer is referred to as an indemnitor.

Question 39

What is the difference between indemnification and contribution?