59) Thus, for example, Landes and Posner argue that while the doctrine of joint and several liability is efficient, in the sense that it provides an ex ante incentive for each joint tortfeasor
to exercise due care, nevertheless the rule, when combined in practice with contribution (whereby some tortfeasors may be required to indemnify other tortfeasors), entails relatively high administrative costs.
115) In contrast, there is no equitable principle am would allow a group of joint tortfeasors
to conspire in shifting their equitable share of the liability to another joint tortfeasor
14) The court, however, specifically noted that it was not attempting to answer the question of whether an automobile manufacturer in a crashworthiness case is a joint tortfeasor
with the person that causes the primary collision, or whether a defense of comparative negligence would be appropriate in such cases.
The fact that the amount of damages awarded was less than the amount paid by a joint tortfeasor
to settle did not justify judgment for the defendant.
Twerski, The Joint Tortfeasor
Legislative Revolt: A Rational Response to the Critics, 22 U.
Under general maritime law, an alleged tortfeasor may seek contribution, indemnity, or apportionment from one who may be comparatively negligent or a joint tortfeasor
In doing so, the court noted that the Illinois Supreme Court has consistently held that "anytime a joint tortfeasor
fails to bring his contribution claim in the original action, any claim to contribution is thereafter a nullity.
The effect is that, in these cases, a joint tortfeasor
will be liable only to the extent of its actual responsibility for the relevant harm.
The trial judge reasoned that because American had signed a series of International Air Transport Association intercarrier agreements, it was liable to international passengers in contract, not in tort, and thus could not be a joint tortfeasor
1) Section 1 also deals with the bar to contribution for intentional misconduct, the effect of settlement by less than all tortfeasors, and the liability insurer's extra-contractual right to subrogation on its insured's contribution claim as a joint tortfeasor
, if any.
Jenner,(3) which announced the proposition that a release given to one joint tortfeasor
discharged all others from any further liability to the plaintiff.
In other words, the rule can be stated that joint tortfeasor
A will be entitled to contribution from joint tortfeasor
B, unless B is entitled to indemnity from A.