Can you get contribution if you are held J and S liable?

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Generic20101L
Posts: 180
Joined: Thu Oct 22, 2009 4:00 pm

Can you get contribution if you are held J and S liable?

Postby Generic20101L » Fri Dec 10, 2010 1:15 am

Also, can the settling party seek contribution from the non-settling party when they have signed a Perringer (sp) release?

Kobe_Teeth
Posts: 964
Joined: Fri Dec 18, 2009 1:40 am

Re: Can you get contribution if you are held J and S liable?

Postby Kobe_Teeth » Fri Dec 10, 2010 3:10 am

If a covenant to not sue has been signed then they are typically "released." I assume that's what the Perringer things is. Think about it - what would be the motivation to settle otherwise? Courts like to encourage settlement.

Under Joint and Several liability contribution is still allowed. I think I should probably put "usually" after that but it might even be "always."

toolfan
Posts: 151
Joined: Fri Oct 30, 2009 4:11 pm

Re: Can you get contribution if you are held J and S liable?

Postby toolfan » Fri Dec 10, 2010 3:39 am

contribution is jurisdictional. your exam will likely note whether it is allowed.




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