标签：ute who share trib contribution debt payment defendant con

• tribe [tribus 'group within the Roman people'] 部落、族
• tribune: an official in ancient Rome who was elected by the ordinary people to protect their rights
• tribunal ['platform for judges', from tribunus] 审理团; 特别法庭
• tribute [tribuere 'to give out to the tribes, pay', from tribus] 表示敬意或称赞的行动﹑言语或礼物
• tributary
  • adj. 'paying tribute,' from tributarius "liable to tax or tribute'
  • n. late 14c., person, country, etc. owing obedience or paying tribute or a tax to a sovereign or another people
  • n. Meaning "stream that flows into a larger body" is from 1822
• attribute [ad- 'to' + tribuere] 作动词时的名词是attribution
• contribute [com- + tribuere]
• distribute ['give out', from tribuere 'give to a particular person'] →redistribute

In maritime law, where the property of one of several parties with interests in a vessel and cargo has been voluntarily sacrificed for the common safety of the vessel—as by casting goods overboard to lighten the vessel—such loss must be made up by the contribution of the others, which is labeled "general average." In Civil Law, a partition by which the creditors of an insolvent debtor divide among themselves the proceeds of the debtor's property in proportion to the amount of their respective credits. The right of a defendant who has paid an entire debt, or common liability, to recoup a proportionate share of the payment from another defendant who is equally responsible for the payment of that debt or liability.

Certain principles apply when contribution is sought in contractual situations. Where the parties are severally (individually) liable for a specific portion of a debt, one person who pays in excess of his or her proportionate share has no legal right to contribution from the others for the excess. Where the parties are jointly liable (as a unit) for the payment of a debt, a party who pays in excess of his or her ratable share can seek contribution from the others for the amount of his or her overpayment. If the parties are jointly and severally liable for a debt, both as a unit and as individuals, any party who pays in excess of his or her proportionate share can seek contribution.

To entitle a person to contribution, the payment of the debt or liability must arise from a legal obligation to pay. The payment of the entire debt or liability is unnecessary, but the payment must have exceeded the share of the person seeking contribution.

A plaintiff who procures a judgment (a final court decision that resolves a controversy and determines the rights and obligations of the parties) against two or more joint tortfeasor (those who together commit a civil wrong) can collect that judgment from all, any one, or less than all of them. The English and early U.S. Common Law held that if one such defendant did in fact pay less than a proportionate share of the judgment, that defendant should reimburse the other defendant(s) who paid more, except in cases of intentional torts or acts of the defendant that did not justify the court's assistance. During the past century, however, the majority of jurisdictions in this country expanded this exception and denied all common-law contribution among joint tortfeasors regardless of the basis of liability, including cases of Negligence and Strict Liability.

六级/考研单词: tribe, tribune, electoral, tribute, liable, sovereign, attribute, maritime, vessel, cargo, volunteer, sacrifice, partition, respective, situate, portion, excess, illicit, plaintiff, resolve, controversy, commit, jurisdiction, regardless, negligible, strict

标签：ute,who,share,trib,contribution,debt,payment,defendant,con
来源： https://www.cnblogs.com/funwithwords/p/16610377.html

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