secondary liability

secondary liability
The liability on an instrument of any person who is not primarily liable thereon. 11 Am J2d B & N § 525. The liability of one of two tortfeasors liable to the same injured person of such nature in reference to the liability of the other tortfeasor that he is entitled to assert a liability over the other tortfeasor for indemnification as to payment required to be made by him to the injured person. The liability of an employer for injury to a third person caused by the act of the employee. Schubert v August Shubert Wagon Co. 249 NY 253, 164 NE 42, 64 ALR 293. Primary and secondary liability, essential for a right of indemnity, are not based on a difference in degrees of negligence or on any doctrine of comparative negligence, but on a difference in the character or kind of wrongs which cause the injury, and in the nature of the legal obligation owed by each of the wrongdoers to the injured person. Builders Supply Co. v McCabe, 366 Pa 322, 77 A2d 368, 24 ALR2d 319.

Ballentine's law dictionary. . 1998.

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  • liability — The word is a broad legal term. Mayfield v. First Nat. Bank of Chattanooga, Tenn., C.C.A.Tenn., 137 F.2d 1013, 1019. It has been referred to as of the most comprehensive significance, including almost every character of hazard or responsibility,… …   Black's law dictionary

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