PLA 3277 Lecture Notes - Lecture 15: Tort Reform, Tort, Intentional Tort
Document Summary
Joint tortfeasor: 2 or more persons who act together to produce neg or intentional tort are totally liability for entire loss suffered, if that loss is indivisible, except florida. Concurrent tortfeasor: combing independent acts cause plaintiffs injuries, provides a percent. Defendant can be held for all of the damage or apportioned between the defendants. Still allows contribution to one defendant to another. Plaintiff can only recover once for total damages (satisfaction) Plaintiff agrees to not sue the defendant or cause a claim to be asserted against the defendant. (release) Contribution: defendants who pay more than share can seek reimbursement from other defendants. Based on insurance and contract law, and a way for defendant to be reimbursed. Burden on plaintiff to specify who is to be released. Otherwise all defendants will be released if plaintiff files a general release. In florida only the settling defendant is generally released. : plaintiff agrees not to sue on claim.