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3 rd Party Practice. The Case of the Leaky Roof. Chapter 1 The Flooded Photographer. P-Tenant sues D-Landlord for damage to cameras. P. D. Chapter 2 The Reckless Roofer. D-Landlord wants to sue Roofer for indemnity (Pay D what D has to pay P). Derivative Liability (If & For).
E N D
P D
D-Landlord wants to sue Roofer for indemnity (Pay D what D has to pay P)
Derivative Liability (If & For) Why is this permitted under Rule 14? P D R 3PD 3PP
D-Landlord also wants to sue Roofer for damage to his own property (desk)
Is the claim for the desk damage a Third Party Claim? Why Not? Can it be added anyway? Under what rule? P D 3PD 3PP
Landlord wants to sue on the unrelated promissory note. Suppose Roofer Also Owes Landlord Money on Unrelated Promissory Note?
Is the claim for the note debt a Third Party Claim?d Why Not? Can it be added anyway? Under what rule? P D 3PD 3PP
D P
D-Landlord decides leak was due to P’snailing things on attic ceiling D-Landlord asserts affirmative defense (P breach of lease)
D P
D-Landlord also thinks its P’s fault that D’s desk was damaged!!
Can D Do so? D Under what rule? Must D do so? P
But maybe the roofer caused the leak after all!! So D-Landlord want to blame roofer too.
Roofer D Under what rule? What’s R called? Can D add Roofer? P
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 D P
Is this a proper 3PC? Why not? P D 3PD