Under what condition can an indemnified defendant recover everything from other defendants?

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The premise of indemnification in tort law revolves around the concept that one party, after being held liable for damages, can seek complete reimbursement from another party who is also liable. The correct answer centers on the condition where the defendant has paid more than their fair share of the damages. In this scenario, the indemnified defendant has the right to recover the excess amount they have paid from other responsible parties.

This aligns with the principles of fairness and equity, where each party should only be held accountable for their proportionate share of the liability. If one defendant ends up compensating the plaintiff for more than their designated share of the damages due to joint liability, they are entitled to seek indemnification from the other liable parties for the excess.

In contrast, if a defendant has not paid any judgment, they generally do not have a claim for indemnification since there's no loss to recover. Likewise, joint liability on its own doesn't necessarily empower a defendant to recover from others unless they have overpaid. Vicarious liability complicates the issue, as it pertains to the liability of one party due to the actions of another, but does not sequentially lead to a right to recover everything unless the first defendant has specifically over-fulfilled their financial obligation. Thus

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