Define Contribution and Indemnification. When is it used?
- Contribution and Indemnification – When is this used?: It is used where a D because of
- joint and several liability, has paid more than his fair share of
- the judgment and wants the other Ds to contribute or indemnify.
- a. Contribution: Rule: where Ds are more or less equally
- responsible, they will share the judgment amt equally.
- Note: 1. D from whom contribution is sought must also be liable (for example, not have independent defense such as intra-family tort immunity)
- 2. Not applicable to intentional torts.
: Can get EVERYTHING back from the other Ds.
· Indemnification grounds:
- 1. The other D is a lot more
- responsible (Retailer getting it back from manufacturer)
- 2. Vicarious L- you can get it
- back from the actual tortfeasor
3. SL in product cases. All the way up to manufacturer.