Re-read Summer v. Tice (page 276). Notice the next to last sentence: "The wrongdoers should be left to work out between themselves any apportionment." That is, the two will be each liable to the plaintiff. If one pays the entire judgment, the that defendant could get contribution from the other defendant.

What difference does it make if
1) Alice pays half and Bob pays half or
2) Alice pays all of the loss but then sues Bob for his share (contribution)?

The main difference is that if Bob is insolvent or hard to collect from, the burden in example a) will fall on Charles. But in example b) the burden will fall on Alice.

We will take up the subject of joint and several liability later in the course. For now it is enough to know that until a few years ago the states generally held defendants jointly and severally liable for indivisible injuries. States have begun to change this rule by legislation with many different variations being introduced. But the result in Summers v. Tice would probably be unchanged by most of this legislation.

Link back to assignment 6