torts question on J&S liability
Posted: 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.
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.