Search for: "Joint and Several Tort Feasors"
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17 Apr 2012, 10:06 am
In other words, the scheme discharges any need for a joint tort-feasor to seek contribution against the settling tort-feasor. [read post]
7 Nov 2014, 10:44 am
Reasons for judgement were released this week by the BC Court of Appeal clarifying this obligation when a personal injury claim is worth over $1 million and other responsible tort feasors have paid the first $1 million in damages. [read post]
24 Jul 2021, 11:51 am
”[5] The Restatement (Second) gave several examples of joint torts that can be apportioned by cause. [read post]
29 Sep 2010, 3:00 am
“The right of indemnity is not impaired by the Uniform Contribution Among Tort-Feasors Act. [read post]
28 Sep 2012, 4:14 pm
On the other hand, where multiple tort-feasors "neither act in concert nor contribute concurrently to the same wrong, they are not joint tort-feasors; rather, their wrongs are independent and successive. [read post]
16 Dec 2014, 3:38 pm
It is noted that when two tort-feasors neither act in concert nor contribute concurrently to the same wrong, they are not joint tort-feasors; rather, their wrongs are independent and successive. [read post]
4 Aug 2010, 3:00 am
“Consequently, joint and several liability against parties in the chain of distribution of a product is essential to the theory of strict products liability. [read post]
3 Sep 2010, 3:00 am
Ray are each liable for all of the plaintiff’s damages.FN11 FN11 Although statutory principles of contribution and indemnity apply, there is ‘no right of contribution in favor of any tort-feasor who has intentionally caused or contributed to the injury. [read post]
12 Sep 2014, 6:00 am
In this medical malpractice case, several of the Defendants had settled out prior to trial utilizing a pro rata joint tortfeasor release in accordance Uniform Contribution Among Tort-Feasor’s Act. [read post]
13 Jul 2007, 9:55 pm
Under the contributory negligence statutory scheme in nebraska,joint tort-feasors who are"defendants"in an action "involving more than one defendant" share joint and several liability to the claimant for economic damages. they are liable for the entire amount of the claimant's economic damages which are not chargeable to the claimant,so long as the claimant's contributory negligence is not equal to or greater than the total… [read post]
16 Dec 2014, 10:38 am
It is noted that when two tort-feasors neither act in concert nor contribute concurrently to the same wrong, they are not joint tort-feasors; rather, their wrongs are independent and successive. [read post]
20 Sep 2012, 9:56 am
” The majority drew two more analogies to torts (§ 877(a) of the Second Restatement of Torts, and §§ 876 and 877 of the First Restatement of Torts), and reasoned that these exemplars were particularly compelling because § 271(b) derives from “the old common law doctrine of joint tort feasors. [read post]
4 Oct 2007, 2:18 pm
Therefore, the court concluded, "that Hilen created no new right to apportionment of fault among joint tort-feasors. [read post]
3 Nov 2011, 8:21 am
The rationale for joint and several liability is that there is an inherent risk in the system that one or more tort-feasors will be insolvent and unable to pay for the damages. [read post]
15 Aug 2016, 1:09 pm
Although historically the release of one joint tort-feasor operated to release all of the tort-feasors, Maryland statutes altered the common law. [read post]
15 Aug 2016, 1:09 pm
Although historically the release of one joint tort-feasor operated to release all of the tort-feasors, Maryland statutes altered the common law. [read post]
31 Jan 2010, 2:29 am
§ 6302(d), which states: “[w]hen there is such a disproportion of fault among joint tort-feasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tort-feasors shall be considered in determining their pro rata shares. [read post]
22 Oct 2008, 6:08 pm
Similarly, in Lumberman's, the tort feasor had used his vehicle to travel to hunting grounds, and en route, stopped the vehicle, got out and shot what he thought was a deer, but turned out to be another hunter. [read post]
10 Aug 2011, 7:26 am
If you sustain an indivisible injury and receive compensation for it from one tortfeasor a subsequent tort feasor may be able to reduce their liability by the amount of the previous settlement or judgement. [read post]
13 Jan 2010, 10:48 pm
Instead, both have at issue the rules of indemnification and contribution among joint tortfeasors. [read post]
