Exam 15: Joint Liability

A sheriff who wrongfully seizes another's property will be indemnified by the governmental agency for which he works as long as he reasonably believes the orders he receives are lawful.

If a retailer seeks to be indemnified by a manufacturer, the retailer is referred to as an indemnitor.

The rule regarding joint and several liability is not applicable to concurrent tortfeasors.

Joint and several liability helps ensure that plaintiffs are fully compensated.

If a loss is indivisible, joint tortfeasors are liable in that they are wholly responsible for the entire loss suffered by the plaintiff.

The purpose of indemnification is to avoid the unjust enrichment of tortfeasors.

What is the difference between a release and a covenant not to sue?

A plaintiff is entitled to only one of his or her judgment in that the plaintiff can collect only once.

A plaintiff is entitled to only one satisfaction of a claim.

What must be shown before tortfeasors can be held jointly and severally liable?

Under the majority rule, contribution is allowed for intentional tortfeasors.

Under the provisions of a Mary Carter or Gallagher agreement, a defendant may end up paying nothing even if they are found liable.

Describe a situation in which one party might indemnify another.

Plaintiffs benefit from Mary Carter and Gallagher agreements because they can pressure defendants into cooperating with them and do not have to deal with the "empty chair" defense.

Under the doctrine of equitable indemnity, the amount of indemnity is dependent on the relative fault of the tortfeasors.

Indemnification involves a sharing of liability.

When a party another tortfeasor by assuming total financial responsibility for that tortfeasor, he or she assumes the role of an .

What is the significance of two or more tortfeasors being found jointly and severally liable?

Why might a defendant ask for contribution?

Under the common law, plaintiffs often opted to enter into a if they wanted to settle with a defendant rather than a because entering into the latter resulted in absolving all the defendants of liability.