讲座-连带责任-joint and several liability.doc

讲座题目：连带责任制度 主讲人：郭晓霞 课时：2 重要知识点：连带责任概念；连带责任适用；连带责任的内、外部关系；连带责任的改革； 按份责任。 难点：连带责任的适用；连带责任的内外部关系。 授课方法：采用多媒体教学，英文课件，中英文双语讲解，理论探讨与案例教学相结合。 Rule of Joint and Several Liability 1. Definition of Joint and Several Liability Joint and several liability is a form of liability that is used in civil cases where two or more people are found liable for damages. The winning plaintiff in such a case may collect the entire judgment from any one of the parties, or from any and all of the parties in various amounts until the judgment is paid in full. In other words, if any of the defendants do not have enough money or assets to pay an equal share of the award, the other defendants must make up the difference. The rule is designed to fully compensate the party claiming damages without regard to the degree of the defendant’s wrongdoing.? It also shifts the burden to the defendant to either find other codefendants or pay all the damages. 2.Application of Joint and Several Liability Defendants in a civil suit can be held jointly and severally liable only if their concurrent acts brought about the harm to the plaintiff. The acts of the defendants do not have to be simultaneous: they must simply contribute to the same event. Generaly speaking, joint and several liability arises in the following situations: ◇ First, in joint tort cases ,where persons acting in concert tortiously cause harm to the plaintiff or if the actions of two or more actors legally cause indivisible harm; ◇ Second, in a contractual situation, where two or more persons are responsible for the same performence and default on their obligations, a nondefaulting party may hold any and all parties liable for damages resulting from the breach of performance. ◇ Third,if liability arrises by operation of law ,such as in cases involving partnership,agency, products liability etc. 3.Contribution and Indemnity The rule of joint and several liability holds that two or more defendants may be subject to liability for the same ha