J&S Liability increase Efficiency

lwjing97lwjing97
in Harris.Tort

reduces time & costs: promotes pre-trial settlement since damages don't have to be apportioned

I don't get why it promotes pre-trial settlement. Could you please provide some guidance on this? What is the connection between pre-trial settlement & J&S liability

Comments

  • grahamgraham

    I think the reason Joint & Several Liability promotes pre-trial settlement is that each defendant could negotiate what their share will be. But if the case goes to trial, then there is more uncertainty since any one defendant could end up paying 100%.

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