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Torts • Satisfaction and Release
TORT#120
Legal Definition
A release discharges an identified tortfeasor from liability. Generally, a release of one tortfeasor does not discharge other tortfeasors unless specifically provided for in the release agreement.
Plain English Explanation
When a victim is hurt by a tort, they are damaged. Tort law, generally, seeks to make a tort victim whole, which means you calculate the cost of the damage caused to the victim and then give them that amount back. When multiple parties (known as "joint tortfeasors") cause harm to a victim, the victim may pursue any individual party or all of them at once.
What often happens is that a victim will go after the easiest person to sue and try to collect as much as they can, then move on to the others. At any point (though, most commonly during the settlement phase), the victim can release a specific party from any additional liability or suit. This "release" is a type of legal contract.
What often happens is that a victim will go after the easiest person to sue and try to collect as much as they can, then move on to the others. At any point (though, most commonly during the settlement phase), the victim can release a specific party from any additional liability or suit. This "release" is a type of legal contract.
Hypothetical
Hypo 1: Bob and Amy are found to be jointly and severally liable for Sam's injuries, which amounted to $100,000. Sam sues Amy for $100,000 but knows Amy is too poor to pay the full amount. Amy, fearing for a $100,000 settlement against her, offers to pay $45,000 cash to Sam immediately in order to be released from any further suits or liability. Sam agrees. Sam tries to pursue Bob for the remaining $55,000 but fails, as Bob has escaped into South America. Result: Sam may continue to pursue Bob for the remaining amount, but may no longer go after Amy for any additional funds because his settlement with her was a release.
