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3 rd Party Practice The Case of the Leaky Roof Chapter 1 The Flooded Photographer.

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Presentation on theme: "3 rd Party Practice The Case of the Leaky Roof Chapter 1 The Flooded Photographer."— Presentation transcript:

1

2 3 rd Party Practice

3 The Case of the Leaky Roof

4 Chapter 1 The Flooded Photographer

5 P-Tenant sues D-Landlord for damage to cameras

6 PD

7 Chapter 2 The Reckless Roofer

8 D-Landlord wants to sue Roofer for indemnity (Pay D what D has to pay P)

9 PDR3PD 3PP Why is this permitted under Rule 14? Derivative Liability (If & For)

10 Chapter 3 The Damaged Desk

11 D-Landlord also wants to sue Roofer for damage to his own property (desk)

12 PD3PD 3PP Is the claim for the desk damage a Third Party Claim? Why Not? Can it be added anyway? Under what rule?

13 Chapter 4 The Notorious Note

14 Suppose Roofer Also Owes Landlord Money on Unrelated Promissory Note? Landlord wants to sue on the unrelated promissory note.

15 PD3PD 3PP Is the claim for the note debt a Third Party Claim?d Why Not? Can it be added anyway? Under what rule?

16 Chapter 5 The Photographer’s Fault

17 P-Tenant sues D-Landlord for damage to cameras

18 P D

19 D-Landlord decides leak was due to P’s nailing things on attic ceiling D-Landlord asserts affirmative defense (P breach of lease)

20 P D

21 D-Landlord also thinks its P’s fault that D’s desk was damaged!!

22 P D Can D Do so? Under what rule? Must D do so?

23 But maybe the roofer caused the leak after all!! So D-Landlord want to blame roofer too.

24 P D Roofer Can D add Roofer?Under what rule?What’s R called?

25 P D Roofer D also wants indemnity from R for P’s claim so... But Roofer wants contribution from P if R has to pay D for desk damage

26 Green Meg and Ham

27 PD3PD Is this a proper 3PC? Why not?


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