Question

Farah and Jackie are involved in an auto accident which injures Barry. The jury finds that Farah was 70 percent at fault and Jackie was 30 percent at fault, and that Barry suffered 100,000 in damages. After Barry collects40,000 from Jackie, Jackie sues Farah seeking contribution or indemnity, in a jurisdiction applying the traditional rules of joint and several liability. What is the jurisdiction applying in this case?

1) Contributory negligence
2) Comparative negligence
3) Joint and several liability
4) Vicarious liability

Answer 1

The correct answer is that the jurisdiction is applying 'joint and several liability,' where each defendant is liable for the entire amount of damages regardless of their proportion of fault.

Step-by-step explanation:

The situation described involves the concept of joint and several liability, which is a legal doctrine used in tort law. Under this rule, each defendant is independently liable for the entire amount of the plaintiff's damages, regardless of their individual degree of fault. The fact that Barry is attempting to collect damages proportionate to the fault of each defendant (Farah and Jackie) indicates that the jurisdiction is applying joint and several liability. Option 3 from the choices given is correct: 'Joint and several liability.'

Contributory negligence and comparative negligence are different legal doctrines that address how the plaintiff's own negligence can impact their ability to collect damages. These do not apply to the scenario given involving two defendants. Vicarious liability holds one party responsible for the actions of another party, such as an employer being liable for the actions of an employee, which also does not pertain to the facts of this case.