Also known as: fair shares · equitable share
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The portion of common liability allocated equitably among joint tortfeasors. A tortfeasor who pays more than this portion after discharging the full claim may recover the excess from other tortfeasors.
The portion of common liability allocated equitably among joint tortfeasors. A tortfeasor who pays more than this portion after discharging the full claim may recover the excess from other tortfeasors.
Select any source to read its text and confirm it supports the definition.
The proportional obligation of a municipality to accommodate low- and moderate-income housing needs within its region. Zoning that prevents fulfillment of this obligation violates state constitutional and statutory requirements.
Select any source to read its text and confirm it supports the definition.
The proportional obligation of a municipality to accommodate low- and moderate-income housing needs within its region. Zoning that prevents fulfillment of this obligation violates state constitutional and statutory requirements.
Each sense below has its own examples, sources, and questions.
Metro Builders and ClearView Glass both ignored warnings about unsecured scaffolding that collapsed and injured Paula. A jury found both negligent. Metro paid the entire judgment. Metro may recover from ClearView the amount Metro paid beyond its own equitable portion of the common liability.
An online seller with no physical presence in South Dakota makes substantial sales to state residents. The state imposes a tax on those sales. The seller must remit the tax because interstate commerce must contribute its equitable portion of the costs of state services.
A public-sector union negotiates wages and benefits for all employees in the bargaining unit. Nonunion employees receive the benefits but refuse to pay fees. The agency-shop arrangement requires them to contribute their equitable portion of collective-bargaining expenses.
A stockholder alleges corporate waste in political contributions. The court examines whether a private right of action exists. The analysis turns on whether the statute supplies an equitable allocation of enforcement authority between the government and private litigants.
A right arises only when the paying tortfeasor has discharged the entire claim by paying more than its equitable share of the common liability. Recovery is limited to the excess paid.
Supporting sources
Yes. No right of contribution exists in favor of a tortfeasor who intentionally caused the harm.
Supporting sources
Mount Laurel adopted zoning that permitted only large-lot single-family homes and reserved substantial land for industry. The township thereby excluded low- and moderate-income families. The court required the township to amend its zoning to create realistic opportunities for its proportional share of the region's need for such housing.
Each municipality must zone to create realistic opportunities for its proportional share of the present and prospective regional need for low- and moderate-income housing.
Supporting sources
No. Mere fiscal reasons do not justify exclusionary zoning that prevents fulfillment of the fair-share obligation.
…cross-appealed on the basis that the judgment should have directed that the prescribed plan take into account as well a fair share of the regional housing needs of low and moderate income families without limitation to those having past, present or prospective connection with the township. The appeals were certified on…