What principle does "joint and several liability" illustrate?

Prepare for the Torts Bar Exam with an interactive quiz. Utilize comprehensive flashcards and diverse questions, each paired with hints and detailed explanations. Master your understanding and ensure success!

The principle of "joint and several liability" highlights that a plaintiff can recover full damages from any one of several defendants, irrespective of each defendant's individual share of the liability. This legal doctrine allows the injured party to seek the entire amount of damages from any one defendant, ensuring that the plaintiff does not go uncompensated if one of the defendants is unable to pay or is insolvent.

For example, if two or more parties are found liable for a plaintiff's injuries, the plaintiff may choose to sue only one of those parties and obtain the full compensation from that party, leaving it to that party to seek contribution from the other defendants. This principle aims to protect the plaintiff's right to recover fully, regardless of the complexities involved in apportioning fault among multiple parties.

The other choices do not accurately reflect the principle of joint and several liability. Multiple plaintiffs claiming damages from a single defendant deals with a different legal issue, while stating that each defendant is responsible for their own separate damages contradicts the joint nature of liability. Lastly, asserting that only intentional torts allow for joint liability is incorrect, as joint and several liability can also apply to negligence cases and other types of torts, not limited to intentional acts.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy