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.
torts question on J&S liability Forum
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Re: torts question on J&S liability
100% from either defendant
- SilvermanBarPrep
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Re: torts question on J&S liability
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
--Sean
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