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Joint and Several Liability: The Classic Rules

INTRODUCTION

We saw in the chapters on causation that a plaintiff will frequently have claims against more than one tortfeasor, where several have contributed to causing her injury. This chapter, and the next, address the manner in which tort law distributes the damages in such cases. This chapter deals with the traditional common law rules governing the liability of “joint tortfeasors.” The next analyzes principles of contribution, the right of a tortfeasor who has paid the plaintiff's claim to seek partial reimbursement from other defendants liable for the same injury.

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