MBE Rules · Torts
Joint Liability, Contribution, Indemnity
Joint & several liability; contribution
The rule
Joint tortfeasors causing an indivisible injury are traditionally each liable in full; contribution spreads shares among tortfeasors, while indemnity shifts the entire loss to the truly responsible party (e.g., retailer against manufacturer).
In plain English
Joint liability means that when two or more parties cause an injury that cannot be divided, each can be held responsible for the full amount of damages. Contribution allows those parties to seek reimbursement from each other for their share of the damages, while indemnity allows one party to recover the entire cost from another party who is primarily responsible for the harm.
Worked example
Two drivers, A and B, collide at an intersection due to a malfunctioning traffic light, causing significant damage to a nearby building. Both A and B are found to be joint tortfeasors and are held liable for the full amount of the damages. A pays the damages but then seeks contribution from B for half of the cost since both contributed to the accident.
Memory hook
Joint liability means full responsibility, but contribution and indemnity help share the burden.
The trap
Exams may confuse students by presenting scenarios where the distinction between contribution and indemnity is blurred, leading to incorrect applications of liability. Students might overlook the primary tortfeasor when discussing indemnity.
How examiners test it
Questions often present fact patterns involving multiple defendants and ask about the allocation of damages or the rights of one defendant to seek contribution or indemnity from another.
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