※ 引述《istj (Kat's BF)》之銘言： : 您是在講 torts 的 joint and several liability 嗎? : 如果是的話那這跟美國的定義不一樣 : Def: All defendants are joined together (joint liability) : and each defendant is liable for the entire recovery (several liability) : 這並沒有說受害者可以拿到數倍的賠償, : 只有說他可以向任何一個defendant要求全部的損失 : 這是為了避免defendant 諉過給其他的defendant, 進而逃避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) 當然 Cooter 與 Ulen 不是學法律的，不過我應該沒有讀錯吧？ --

※ 發信站: 批踢踢實業坊(ptt.csie.ntu.edu.tw) ◆ From: 140.112.6.7 ※ 編輯: hyperion 來自: 140.112.6.7 (05/25 14:30)