Question from Alex, What is the liability of joint and several tortfeasors when the plaintiff has secured and can execute against another tortfeasor?
Answer from AI:
In general, the principle of joint and several liability in tort law means that each tortfeasor (wrongdoer) is individually responsible for the entire amount of damages, regardless of their individual share of the fault. This principle is applied in many jurisdictions, including the United States, Canada, and the United Kingdom.
Joint and Several Liability Explained
Under the doctrine of joint and several liability, if multiple parties are found liable for the same tortious act, each party is individually responsible for the entire obligation. This means that the plaintiff can recover the entire amount of damages from any one of the tortfeasors, regardless of their individual share of the fault.
Execution Against One Tortfeasor
If a plaintiff has secured a judgment and can execute against one joint and several tortfeasor, they may choose to do so. However, this does not necessarily absolve the other tortfeasors from their liability. The tortfeasor who pays more than their share of the damages may have a right of contribution against the other tortfeasors, depending on the laws of the jurisdiction.
Right of Contribution
The right of contribution allows a tortfeasor who has paid more than their share of the damages to seek reimbursement from the other tortfeasors. The specifics of this right can vary by jurisdiction. For example, some jurisdictions may require the tortfeasor seeking contribution to have paid more than their equitable share of the damages, while others may allow contribution even if the tortfeasor has not yet paid anything.
Legal Advice
The specifics of joint and several liability, execution against a tortfeasor, and the right of contribution can vary significantly by jurisdiction and the specific facts of the case. Therefore, it is recommended that individuals consult with a legal professional for personalized advice.
For more information on joint and several liability, you can refer to the Legal Information Institute’s explanation. For more information on the right of contribution, you can refer to the Legal Information Institute’s explanation.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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