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      CC 2324     

  

Art. 2324.  Liability as solidary or joint and divisible obligation

A.  He who conspires with another person to commit an intentional or willful act is answerable, in solido, with that person, for the damage caused by such act.

B.  If liability is not solidary pursuant to Paragraph A, then liability for damages caused by two or more persons shall be a joint  and divisible obligation.  A joint tortfeasor shall not be liable for more than his degree of fault and shall not be solidarily liable with any other person for damages attributable to the fault of such other person, including the person suffering injury, death, or loss, regardless of such other person's insolvency, ability to pay, degree of fault, immunity by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

C.  Interruption of prescription against one joint tortfeasor is effective against all joint tortfeasors.

Amended by Acts 1979, No. 431, §1; Acts 1987, No. 373, §1; Acts 1988, No. 430, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.



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