Contribution Among Tortfeasors Defendants Inter Se Problem
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
18197_athletics_bus_collision · TORTS · Choice A50 percent.
Why it's attractive
The student confuses the plaintiff's collection right (joint and several = full recovery from any one) with the defendants' inter-se contribution problem. The Gold Key tells them joint and several lets the plaintiff collect 100% from any one defendant; the proportional split is the defendants' inter-se problem.
Why it's wrong
The student confuses the plaintiff's collection right (joint and several = full recovery from any one) with the defendants' inter-se contribution problem. The Gold Key tells them joint and several lets the plaintiff collect 100% from any one defendant; the proportional split is the defendants' inter-se problem.
18197_athletics_bus_collision · TORTS · Choice C0 percent.
Why it's attractive
The student assumes the plaintiff must pursue the defendants together, or that the plaintiff can be blocked from collecting from any single defendant. Visible from the stem: 'the court held the academy, Lydia, and Paul jointly and severally liable.' Joint and several liability means the plaintiff may enforce the full judgment against any one defendant.
Why it's wrong
The student assumes the plaintiff must pursue the defendants together, or that the plaintiff can be blocked from collecting from any single defendant. Visible from the stem: 'the court held the academy, Lydia, and Paul jointly and severally liable.' Joint and several liability means the plaintiff may enforce the full judgment against any one defendant.
18197_athletics_bus_collision · TORTS · Choice D40 percent.
Why it's attractive
The student latches onto a number that does not correspond to any doctrinal principle in the stem and treats it as if it were a recognized share. Visible from the choice text itself (40% is not a recognized share in any contribution or apportionment doctrine in the stem).
Why it's wrong
The student latches onto a number that does not correspond to any doctrinal principle in the stem and treats it as if it were a recognized share. Visible from the choice text itself (40% is not a recognized share in any contribution or apportionment doctrine in the stem).
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