Crucial Exams

Multistate Bar Examination Practice Question

Two defendants, A and B, negligently caused harm to a plaintiff through separate actions that combined to create an indivisible injury. Both defendants are being sued, but B declares bankruptcy and cannot pay their share of the damages. How is responsibility for paying damages most likely assigned under the doctrine of joint and several liability?

  • The plaintiff is expected to proportionally split the recovery between A and B, and if B cannot pay, the plaintiff bears the shortfall.

  • The plaintiff can recover damages in proportion to each defendant's share of fault but cannot pursue A for B's share.

  • The plaintiff is unable to recover damages if one defendant cannot pay their share.

  • The plaintiff can recover the full amount of damages from A, who can then seek contribution from B for B’s share of the damages.

Multistate Bar Examination
Torts
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