What should damages be? And who should pay?

Joint Liability

Each defendant may be held individually liable for the whole amount of the injury. They owed a duty, breached a duty, and were a causing factor of the injury. Even if others were involved that doesn’t absolve you of paying damages. Generally if you see two defendants both of whom hurt plaintiff assume they are subject to joint liability

Several Liability

Each defendant only bears her share of the damages

Joint and Several Liability

When multiple defendants cause a single, indivisible harm. The plaintiff can sue any/all of the defendants for the full amount, but the liable defendants may apportion the damages among themselves based on their comparative fault and bring in any other parties who should be there and who should bear a share. This ensures that plaintiffs don’t bear the costs. Not all joint and several is acting in concert

On exam

If he gives interesting information about plaintiff he may want more on how that’ll affect damages. Like if they were big time sports players or something.

Pecuniary

Economic/special damages. Loss of income, hospital bills, etc.

Non-pecuniary

Pain and suffering; loss of enjoyment; loss of consortium. There’s no agreed upon market value; not easily quantified on monetized.

Punitive

Used when defendant's conduct was willful, wanton, reckless, or malicious; meant to send message beyond mere compensation. It’s met to punish defendant and deter similar conduct.