All Tortfeasors Must Be Joined
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
15151_retreat_courtyard_culverts · TORTS · Choice Anothing, because she did not introduce evidence enabling the court reasonably to apportion responsibility between the city and Emma Rail.
Why it's attractive
This answer shifts the issue from whether Emma Rail caused an indivisible loss to whether Lydia proved a fault split.
Why it's wrong
This answer shifts the issue from whether Emma Rail caused an indivisible loss to whether Lydia proved a fault split.
15151_retreat_courtyard_culverts · TORTS · Choice Cone-half of her loss, in the absence of evidence enabling the court to allocate responsibility fairly between the city and Emma Rail.
Why it's attractive
This answer guesses a neat fraction instead of answering the plaintiff's recovery from a jointly liable tortfeasor.
Why it's wrong
This answer guesses a neat fraction instead of answering the plaintiff's recovery from a jointly liable tortfeasor.
15151_retreat_courtyard_culverts · TORTS · Choice Dnothing, because she should have joined the city, without whose negligence she would have suffered no loss.
Why it's attractive
This answer makes the missing city the focus even though the call asks what Lydia can recover from Emma Rail.
Why it's wrong
This answer makes the missing city the focus even though the call asks what Lydia can recover from Emma Rail.
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