Judgments: Tentative Draft No. 1-2 ; Submitted by the Council to the Members for Discussion ... |
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Page 145
... indemnity , the judgment in favor of A is decisive upon the question of A's negligence . e . Where one is barred from indemnity by his own 16 failure properly to defend . Where a person has agreed 17 to indemnify another from the effect ...
... indemnity , the judgment in favor of A is decisive upon the question of A's negligence . e . Where one is barred from indemnity by his own 16 failure properly to defend . Where a person has agreed 17 to indemnify another from the effect ...
Page 146
... indemnity or contribution on a quasi - contractual basis , since , whether or not the original claim against the other was valid , the judgment creates a valid claim 5 and the payor would not be officious in making pay- ment upon it ...
... indemnity or contribution on a quasi - contractual basis , since , whether or not the original claim against the other was valid , the judgment creates a valid claim 5 and the payor would not be officious in making pay- ment upon it ...
Page 149
... indemnity to show that the indemnitee 31 was not subject to liability and hence not entitled to 32 indemnity . On the other hand , since by hypothesis his 33 is the ultimate liability , it is fair that the indemnitee 34 should be able ...
... indemnity to show that the indemnitee 31 was not subject to liability and hence not entitled to 32 indemnity . On the other hand , since by hypothesis his 33 is the ultimate liability , it is fair that the indemnitee 34 should be able ...
Contents
PRINCIPLES OF RES JUDICATA | 9 |
RULES APPLICABLE TO | 18 |
Effect of judgment on pending action | 25 |
Copyright | |
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36 37 Illustrations actually litigated adjudication alleging amount assignor bailee bailor bars a subsequent beneficiary bind bonds bound breach of contract brings an action brings suit cause of action chattel claim collateral estoppel counterclaim court creditor damages debtor defendant duty effect entitled fact fiduciary fraud ground harm indemnitee indemnitor indemnity interests issue judg judgment in favor judgment is conclusive judgment is given judgment is rendered jurisdiction land liability maintaining an action ment merits misjoinder negligence obligor obtains judgment original cause party payment plaintiff brings precluded from maintaining principal prior action prior judgment proceeding quasi in rem question quiet title recover reference remedy res judicata Restatement Restatement of Contracts rule applies rules of res second action Section applies Section is applicable sequent action situations statute subject matter suit in equity thereafter maintain third person tion tort tortfeasor transferee trustee ultra vires valid judgment verdict warranty Whiteacre