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joint & several liability
contribution & indemnity
satisfaction & discharge
releases
apportionment
Relationship to comparative fault
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General rule of Joint & Several Liability?
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Each D is jointly liable with all other Ds for all damages and
each D is also individually liable for full amount: P can get
compensation from any one or all as group(rule favoring P’s
full compensation)
Basis for joint liability (when does it apply)
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1stDs act in concert to create “joint risk” (see note 5, p. 363)
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2nd  Note 7: Failure to perform common or shared duty
• e.g. elevator falls (landlord/ tenant/ repair co.)…may include
vicarious liability relationships (e.g., partners)
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3rd Note 8: Independent acts of negligence combine to
create indivisible injury (not capable of apportionment)
distinguish from procedural “joinder” of parties and
claims (see note 3, p. 362)
Bierczynski v. Rogers
Basis for Joint & Several Liability?
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Assume:
$100,000 in damages  in this case means….what?
If Race has no $?
If ∏ hates Rodgers and is best bud with Race?
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Contrast: from “apportionment” acting independently
D1 breaks P’s leg, D2 breaks P’s nose…
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The evidence shows which D caused what damage…that is, the
damages can reasonably be apportioned between them NB:
the D’s act independently…if they act in concert?
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Comparative fault  accounting for
contributory negligence of P by reducing
damages by percentage of fault
If Jury must assess relative fault of P why not
also for other defendants?
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Any effect on J & S liability?
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D1: 60% fault, D2: 30% fault, P: 10% fault
Arguments for and against eliminating J & S
Key policy problem: Risk of missing or impecunious
D
Florida? figure it out based on statute
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General Rule?
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Recovery from any or all- but only one satisfaction
of claim
Bundt v. Embro
What is the “one satisfaction” mean?
Settlement?
– Multiple judgments?
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Partial Satisfaction- Note #4
-must credit other ∆’s
Collateral Sources- Note # 4
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Common law rule:
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What is a “release”?
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Legal effect? Surrenders ∏’s claim
Distinct from “satisfaction”?
How is “covenant not to sue” different?
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Release one of J.T. releases all
K’tual promise not to sue which does not technically
release claim against D
Modern approach
Mary Carter Agreements
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Common Law Rules on Contribution
– Ds may seek contribution from other Ds who
paid less than their share…which is?
– Traditional Rule for dividing damages
among joint ∆’s: if there are 4 ∆s & 100,000
judgments?
• pro rata apportionment b/w Ds
J & S  who pays what to P versus
Contribution how D’s divide up…between
Ds
What if a state eliminates J & S? Effect on
contribution?
What if ∆1 settles for $1000 but later Judgment against ∆2 for
$100,000?
Can ∆2 seek contribution from ∆1?
If so, why would ∆1 settle?
What if D1 settles for $100,000? Can he seek contributions for
other non-settling Ds?
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Knell v. Feltman: when can D seek contribution…?
– what if P doesn’t sue D2?
– C/L rule against Contribution among joint
tortfeasors…intentional torts
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Under Fla. Law?768.31 (2)(d) and (5)(b)?
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Yellow Cab (immune D)
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Distinct from Contribution in that entire
liability of D …is shifted to actual tortfeasor (or
by K’tual promise)
Why?
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Liability imposed by law/relationship e.g. vicarious,
dangerous instrumentally, innocent partner