Fact Pattern 9-2 Blake Lives in a Jurisdiction That Applies Joint and Several

question 37

Multiple Choice

Fact Pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for Blake's injuries, that Cathy was 40% responsible for Blake's injuries, and that Blake's total damages were $100,000.
-Refer to fact pattern 9-2. Assuming she has the financial resources or sufficient insurance,can Blake recover the entire $100,000 from Cathy?

• A) Yes.
• B) No, but only because she was found to be less at fault than Blake.
• C) No, because joint and several liability is in effect.
• D) Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy.

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Definitions:

Operating Costs

Expenses associated with the routine functioning of a business or system.

Long-Term Gains

Profits or advantages achieved over an extended period, contrasting with immediate or short-term benefits.

Cost of Goods Sold

An accounting term referring to the direct costs attributable to the production of goods sold by a company.

Rent Expense

A periodic payment made by a tenant to a landlord for the use of premises, buildings, or land.