Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

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True Or False Physicians are vicariously liable for everyone under them for all actions.
True Or False The courts hold owners liable for the negligence of those to whom they loan their vehicles because they believe owners are usually better able to pay for damages and are more likely to carry insurance than the drivers to whom they loan their vehicles.
True Or False The family-purpose doctrine has been adopted in almost every state.
True Or False For the family purpose doctrine to apply the driver must be a relative of the owner.
True Or False If the borrower of a vehicle loans it to a third person, the courts are divided as to whether the owner of the vehicle should be liable for the negligence of the third party.
True Or False The omnibus clause of most insurance policies has increased the need for automobile-consent statutes.
True Or False A social trip is considered a joint venture because there is sharing of pecuniary interests.
True Or False Under the modern view of imputing negligence, contributory negligence is imputed only if the relationship between the parties is such that the plaintiff would have been vicariously liable if he had been the defendant.
True Or False Parents can be held liable for any tortious acts of their children.
What is joint and several liability?
When is the doctrine of joint and several liability applicable, and when is it not?
What is the status of joint and several liability today?
(new) Can a plaintiff recover more than once under joint and several liability?
(new) If the defendants cannot prove who was responsible for each percentage of damages, who is liable?
What social policy underlies joint and several liability?
Why is the doctrine of joint and several liability criticized?
Define the following:a. satisfactionb. contributionc. indemnificationd. releasee. covenant not to sue
What was the common law rule regarding contribution, and what is the majority rule today?
What is the justification for contribution?
What problems arise in reference to contribution when the plaintiff releases a defendant?
(new) If a defendant has a defense such as immunity, how does that affect contribution?
How have courts dealt with the problem of contribution when a release is given, and what consequences arise out of each solution the courts have devised?
(new) What is the difference between a release and a covenant not to sue?
What should a plaintiff do before agreeing to release a defendant?
What do Mary Carter agreements typically provide, and how do they differ from Gallagher agreements?
How do plaintiffs and defendants benefit from Mary Carter and Gallagher agreements?
Why are some courts critical of Mary Carter and Gallagher agreements?
How do Mary Carter and Gallagher agreements affect contribution?
Who is the indemnitor and who is the indemnitee in an indemnification agreement?
How does indemnification usually arise?
What is the doctrine of equitable indemnity?
(new) Is indemnity an all or nothing situation?
True Or False Concurrent tortfeasors cannot be jointly and severally liable.
True Or False Under the rule of joint and several liability a defendant can be held responsible for all of the damages even though their contribution to the plaintiff’s injuries was relatively minor.
True Or False (new) A plaintiff may recover from one or all joint tortfeasors as many times as they can.
True Or False Joint tortfeasors can each be held jointly and severally liable if the harm can be apportioned.
True Or False (new) If plaintiff dies as a result of independent or concerted acts of defendants, each defendant will be held liable for plaintiff’s death because death is not apportionable.
True Or False The question of whether to retain joint and several liability depends on where society wants to place the burden when a liable defendant cannot pay damages.
True Or False When joint and several liability is abolished, plaintiffs must bear the loss if liable defendants are unable to pay a judgment.
True Or False Critics of joint and several liability argue that this doctrine hurts business because it leads to an increase in prices to compensate for tort-related expenses.
True Or False In some states, defendants whose contribution to the plaintiff’s injuries falls below a designated percentage are liable only for their equitable share of the damages.
True Or False (new) Contribution is often denied for intentional tortfeasors.
True Or False In the context of contribution, tortfeasors need not necessarily pay an equal share of the damages.
True Or False If a plaintiff reneges on a covenant not to sue, the defendant cannot later sue for breach of contract.
True Or False (new) If a defendant raises a defense like immunity that bars recovery from the plaintiff, then the other defendants can still seek contribution from them.
True Or False Plaintiffs should enter into releases as soon as the defendant offers to settle the case.
True Or False Defendants are discouraged from settling when nonreleased defendants cannot seek contribution from released defendants.
True Or False (new) In a covenant not to sue, the plaintiff promises not to sue a particular defendant but can hold the other defendants liable.
True Or False (new) A release and a covenant not to sue are the same thing.
True Or False The contracting defendant to a Mary Carter agreement does not participate at trial and is no longer considered a party to the case.
True Or False Plaintiffs benefit from Mary Carter and Gallagher agreements because these agreements pressure the defendant into cooperating with the plaintiff during discovery and at trial, but they are a disadvantage to plaintiffs in that they make the trial more complicated and cause plaintiffs
True Or False Defendants benefit from Mary Carter and Gallagher agreements because they can recover some or even all of what they have agreed to pay the plaintiff and they can reduce the cost of litigation.
True Or False Some courts object to Mary Carter and Gallagher agreements because they believe such agreements promote collusion among adversaries and mislead the jury.
True Or False Indemnification can arise out of a contractual agreement.
True Or False (new) Indemnification involves a shift of liability from one tortfeasor to another.
True Or False Indemnification of a retailer by a manufacturer is required when a retailer innocently fails to discover a defect in a product but is not required if the retailer is negligent or knows of a defect in a product but sells the product anyway.
True Or False The doctrine of equitable indemnity provides that the indemnitor must pay the indemnitee the full amount that the indemnitee paid the plaintiff.
Joint tortfeasors are jointly and severally liable for any harm that is ____________.
____________ tortfeasors act together, whereas ____________ tortfeasors act independently.
Joint and several liability has been abolished in some states out of a concern that it is unfair to hold ____________ ____________ defendants fully liable when they were only marginally responsible for the plaintiff’s injuries.
Although the plaintiff can collect from any or all defendants under the doctrine of joint and several liability, they are entitled to only one ____________ of their claim.
With a(n) ____________ ____________ agreement the defendant agrees to guarantee the plaintiff a certain amount of money if the plaintiff loses or receives less than a designated amount. The terms of this agreement are usually cloaked in secrecy, but in ____________ agreements the terms of the
A _________ is a document absolving a defendant of all liability.
One tortfeasor is said to have __________ the other tortfeasor by accepting financial responsibility.
Under the doctrine of _________ the amount of indemnity is dependent on the relative fault of the tortfeasors.
Joint tortfeasorsa. will be considered jointly and severally liable even if the defendants can prove who was responsible for each percentage of the damages.b. cannot each be held liable for the death of the plaintiff or destruction of the plaintiff’s property.c. can each be held liable even if
(new) Whether to retain joint and several liability is:a. a matter of social policy.b. that plaintiffs will be fully compensated.c. the loss will not be assigned to other defendants or passed on to society.d. none of the above..
Contributiona. was allowed to all tortfeasors under the common law.b. is allowed for intentional tortfeasors.c. is justified on the basis that some defendants should not be saddled with all of the damage while other defendants escape responsibility.d. all of the above.
Contribution can be soughta. only when defendants are jointly liable.b. can be sought from a defendant who has a valid defense.c. can be sought from an employer if workers’compensation statutes prevent the plaintiff from suing the employer.d. all of the above.
If a plaintiff releases one tortfeasor,a. under the common law, all of the tortfeasors were released.b. and wants to reserve their right to sue the other tortfeasors, they can enter into a covenant not to sue with a particular defendant.c. and wants to reserve their right to sue the other
In some courts a nonreleased defendanta. can seek contribution from a released defendant.b. cannot seek contribution, but the plaintiff’s claim against the nonreleased defendant can be reduced.c. cannot seek contribution as long as the released defendant negotiated with the plaintiff in good
A typical Mary Carter agreementa. involves no exchange of funds, even on paper, before trial.b. provides that the plaintiff cannot agree to settle with the nonagreeing defendant for an amount less than the guaranteed amount without the agreeing defendant’s consent.c. reveals the terms of the
Mary Carter and Gallagher agreementsa. create the likelihood that a less culpable defendant will be held liable for the full judgment.b. help defendants avoid the no-contribution rule but are not particularly effective settlement tools.c. tend to focus parties on the merit of the case.d. all of the
Indemnification sometimes arises out ofa. the law’s attempt to avoid unjust enrichment of a tortfeasor.b. a contractual agreement.c. a relationship in which one party is vicariously liable for the torts of another.d. all of the above.
Indemnificationa. is often needed when an employer pays an employee’s claim.b. will be allowed if an agent follows the directions of their principal, reasonably believing the directions to be lawful, even though the orders are subsequently shown to be unlawful.c. will not be allowed if a doctor
What are the goals of the tort system, and why is it important to understand these goals when contemplating tort reform?
What changes did the Progressive Era reformers bring to the tort system, and why?
What changes did the classical tort reformers bring to the tort system, and why?
What is the focus of today’s tort reformers?
What are some examples that have caused plaintiff-oriented cases to be looked at negatively?
In what respects is our tort system arguably plaintiff-oriented?
Is today’s American society an unduly litigious society?
Are jury verdicts out of control?
What factors should be considered when assessing statistics?
What effects has the tort system had on the medical community?
What effects has the tort system had on the business community?
What does the evidence say about juries awarding plaintiff’s substantial awards?
Explain the criticism that in a tort system all of society should bear the brunt of the increase of plaintiff injury awards.
Has the business community benefited from tort reform?
Why have some states instituted caps on damages, and how have the courts responded to these caps?
What are the Common Sense Reform Bills?
What is the purpose of punitive damages?a. Why are punitive damages criticized?b. Have punitive-damage awards wreaked havoc on the tort system?c. What reforms have been instituted with regard to punitive damages?d. Under what conditions can punitive-damage awards violate the Constitution?e. Are
Explain the bifurcated procedure for determining punitive damages.
How do the Progressive Era reformers and the classical reformers view joint and several liability?a. What are the conflicting objectives that dominate any discussion of joint and several liability?b. What inequities can this doctrine create, and how have those inequities been resolved by some
Why have some states limited or eliminated the collateral-source rule?
What steps have been taken to prevent the filing of frivolous lawsuits?
What is a fee-shifting rule, and does it curb frivolous lawsuits?
True Or False Tort systems can expose corruption and other misconduct.
True Or False The Progressive Era of tort reform favored reforms that benefited defendants.
True Or False The classical reformers eliminated sovereign immunity.

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Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

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