torts question on J&S liability

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Steve314

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torts question on J&S liability

Postby Steve314 » Fri Jan 13, 2017 9:42 pm

With joint and several liability, say there are two defendants, D1 and D2. The doctrine says each of them is responsible for all the damages. But that that mean:
a) P can collect 100% damages from both of them, collecting 200% damages total?; or just
b) P can collect up to 100% damages, but no more than 100%, either split between D1 and D2; or just get it from one party D1, and then D2 can sue D1 if he wants to.

Gregsplanation

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Re: torts question on J&S liability

Postby Gregsplanation » Fri Jan 13, 2017 11:20 pm

100% from either defendant

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encore1101

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Re: torts question on J&S liability

Postby encore1101 » Fri Jan 13, 2017 11:22 pm

b

clshopeful

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Re: torts question on J&S liability

Postby clshopeful » Fri Jan 13, 2017 11:56 pm

b

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SilvermanBarPrep

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Re: torts question on J&S liability

Postby SilvermanBarPrep » Sat Jan 14, 2017 11:47 pm

If, for example, D1 is 70% at fault and D2 is 30% at fault, P can go after either D1 or D2 for 100%. If P collects 100% from D1, then D1 will have a claim for contribution against D2 for 30%. But if P collects 100% from D2, then D2 will have a claim for contribution against D1 for 70%.

--Sean



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