※ 引述《hyperion (青春痴呆小右派)》之铭言： : ※ 引述《istj (Kat's BF)》之铭言： : : 您是在讲 torts 的 joint and several liability 吗? : : 如果是的话那这跟美国的定义不一样 : : Def: All defendants are joined together (joint liability) : : and each defendant is liable for the entire recovery (several liability) : : 这并没有说受害者可以拿到数倍的赔偿, : : 只有说他可以向任何一个defendant要求全部的损失 : : 这是为了避免defendant 诿过给其他的defendant, 进而逃避liability : ... : When Several parties cause harm to someone, a question arises : concerning who the victim can sue and how damages should be : allocated among them. To illustrate, suppose that you suffer : a loss of $100 in an accident caused by two people called A : and B. They are *jointly* liable if you can sue *both* of : them at once, naming A and B as co-defendants and receiving : a judgment of $100 against them. They are *severally* liable : if you can sue *either* A or B separately, naming them each : of them as a defendant in a distinct trial. If A and B are : severally liable and you can recover $100 from each of them, : your total recovery will equal 200% of the actual harm( : double compensation). : (Cooter and Ulen, Law and Economics, 3rd edition, p.339-340) : 当然 Cooter 与 Ulen 不是学法律的，不过我应该没有读错吧？ Several liability - liability that is separate and distinct from another's liablity, so that the plaintiff may bring a separate action against one defendant without joining the other liable parties. (Black Law Dictionary, 3rd edition, p.417) Joint and several liability - Liability that may be apportioned either among two or more parties or to only one or a few select members of the group (Black Law Dictionary, 3rd edition, p.416) Several liability is different from joint and several liablity. Notice that in J&S liability the liability is "apportioned" among joint tortfeasors. there is no double compensation under J&S. We did not learn several liablity as a stand alone doctrine, therefore I can not comment on whether one can get double compensation. Hope that clear up things. --

※ 发信站: 批踢踢实业坊(ptt.csie.ntu.edu.tw) ◆ From: 68.5.22.61