What is one reason that a joint tortfeasor may recover indemnification?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

A joint tortfeasor may recover indemnification primarily when there is a significant difference in the degree of fault among the parties involved. This principle acknowledges that while more than one party may be liable for the same injury, one party may bear a greater degree of responsibility compared to the others. In such cases, the more culpable party may seek indemnification from the less culpable party, especially when the more culpable party ends up paying damages to the plaintiff.

The concept of indemnification serves to shift the financial burden of liability from one party to another based on their relative fault. This can help ensure that the party who is predominantly at fault bears the cost associated with the injury, thereby promoting fairness and justice in liability situations.

The other options do not effectively capture the legal basis for indemnification. While sharing fault equally does not warrant indemnification, plaintiff actions or the location of the injury do not influence the comparative degrees of fault necessary for a claim of indemnification.

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