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THE GENERAL DETERRENT EFFECT OF PUNITIVE DAMAGES WHEN THE TORTFEASOR HAS DIED
At common law if one released one of several joint tortfeasors, all were released irrespective of the intent of the parties to the release.
Some idiosyncratic features aside, liability for indirect patent infringement appears to look a lot like general civil secondary liability, requiring proof of an underlying primary tortious act, the knowing state of mind of the inducer, and an overt act of inducement or substantial assistance to the primary tortfeasor.
As a result, the pecuniary damages allowed by DOHSA have become a shield for marine tortfeasors rather than the claimants' sword they once were.
the tortfeasor perpetuates the injury through overt, persistent, and
Under the "eggshell skull" rule, the tortfeasor takes his victim as he finds him, and the defendant here is therefore liable for all injuries, including the AMI.
The court held, inter alia, that although the Contribution Act gives a settling tortfeasor a right of contribution against other joint tortfeasors, that right is limited to situations where there are two or more joint tortfeasors wherein a recovery against any one of them even though judgment has not been entered against all or any one of them.
64) Draft your demand letters for the tortfeasor (motorist) and the insurer (motorist's insurance company).
He contributes to the ongoing debate about this subject by examining the neglected area of tort law from the point of view of the tortfeasor, illustrating this general discussion with a more focused consideration on the tortuous liability of children.
Under implied indemnity, one tortfeasor may be held liable for damage assessed against a second tortfeasor if such damages are derived solely from the wrongdoing of the first tortfeasor.
The Restatement (Second) of Torts [section] 920A (1979) ("Restatement") states that the collateral source rule provides that "[p]ayments made to or benefits conferred on the injured party from other sources are not credited against the tortfeasor's liability, although they cover all or a part of the harm for which the tortfeasor is liable.
203 Ill 2d 64, 783 NE2d 1024 (2002), which upheld a statute modifying the common law rule of joint and several liability by establishing only several liability for nonmedical damages for any tortfeasor whose percentage of total attributable fault was less than 25 percent.
For a general treatment of contributing tortfeasor (or
15) In other words, a tortfeasor "takes his victim as he finds him.
23) Recourse for such tortfeasors was limited to claims sounding in indemnification, where a wholly "passive" tortfeasor held vicariously liable for the negligence of an "active" tortfeasor was permitted to seek indemnification from the actively-negligent party.
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