Joint Tortfeasors

Introduction

When multiple people cause harm together, they may be considered joint tortfeasors. Let’s break this down in a simple, conversational way to help you understand this legal concept better.

What Are Joint Tortfeasors?

Joint tortfeasors are individuals who, through a common plan or combined actions, cause harm or damage. Think of it as a team effort but in the context of causing injury or damage.

Key Principles of Joint Tortfeasor Liability

Joint and Several Liability

Each joint tortfeasor can be held responsible for the entire damage. This means the injured party can choose to sue any one of them for the full amount. If one pays more than their share, they can seek contribution from the others.

Common Design

For individuals to be considered joint tortfeasors, they must either act together in committing the wrong or their separate actions must unite in causing the same injury.

Participation

Anyone who actively participates in causing the harm is a joint tortfeasor.

Examples of Joint Tortfeasors

Principal and Agent

If a principal instructs an agent to do something on their behalf and the agent causes harm while doing it, both can be held liable as joint tortfeasors.

Master and Servant

In cases of vicarious liability, if an employee (servant) causes harm while working, the employer (master) can also be held liable.

Differences Between Joint and Independent Tortfeasors

Joint tortfeasors are those who collaborate or act together in a way that causes harm. They are jointly and severally liable, meaning each one can be held responsible for the entire damage, and the injured party can choose to sue any one of them for the full amount. Here are some key points:

Common Action: They act together or their actions unite in causing a single injury.
Liability: They share joint and several liability.
Examples: Principal and agent, master and servant, or individuals involved in a conspiracy to commit a tort.

Independent Tortfeasors

Independent tortfeasors cause damage through separate wrongful acts. They are severally liable for the same damage due to independent actions, not jointly liable. Key points include:

Separate Actions: They act independently of each other.
Liability: They are severally liable, meaning each is responsible only for the damage they directly caused.
Examples: Two separate drivers causing two independent collisions.

Also Read: Qui Facit Per Alium Facit Per Se

Case Examples

Joint Tortfeasors: Rutter v. Allen

In this case, the plaintiff’s vehicle was damaged in a chain collision involving multiple vehicles. The court held that the defendants who caused the collisions were joint tortfeasors and were jointly and severally liable for the damage.

Independent Tortfeasors: Koursk Case

In this case, two ships collided, causing damage to a third ship. The court held that the two ships were independent tortfeasors and were severally liable, meaning each was responsible for their own actions.

Important Legal Cases

Brinsmead v. Harrison

This case originally established that winning a lawsuit against one joint tortfeasor would release all others from liability. However, this rule was abolished because it was seen as unfair.

Merryweather v. Nixon

This case ruled that one wrongdoer couldn’t seek compensation from another wrongdoer. Though influential, this rule was criticized and eventually repealed.

Modern Approach and Indian Context

In India, the approach to joint tortfeasor liability is based on principles of justice, equity, and good conscience. Indian courts have often adopted fair and reasonable aspects of English law, rejecting outdated and unjust rules like those from the Merryweather case.

Liability of Joint Tortfeasors in Different Scenarios

Agency

When one person is authorized by another to perform a task, and a tort is committed, both the principal and the agent can be held liable as joint tortfeasors.

Vicarious Liability

When a servant commits a tort during the course of employment, the master shares liability with the servant.

Joint Action

When two or more persons join together for a common action, all are jointly and severally liable for any tort committed during that action.

Criticisms and Reforms

Criticism of Joint Tortfeasor Theory

One criticism is that even if a person had little or no contribution to the act, they might still have to pay more than their actual share of damages, leading to disproportionate results.

Reforms in English Law

The Law Reform (Married Women and Tortfeasors) Act, 1935, and the Civil Liability Act, 1978, abolished the unjust rules established in cases like Merryweather v. Nixon, allowing for fairer distribution of liability.

Conclusion

Understanding joint tortfeasors is crucial for grasping how the law deals with collective responsibility for harm. Whether through common action or separate actions leading to a single injury, joint tortfeasors face shared liability, ensuring that injured parties can seek full compensation.

FAQs About Joint Tortfeasors

Q1: What is a joint tortfeasor?

A: Joint tortfeasors are individuals who cause harm together through a common plan or combined actions.

Q2: What is joint and several liability?

A: Joint and several liability means each tortfeasor can bear responsibility for the entire damage, enabling the injured party to sue any one of them for the full amount.

Q3: Can a joint tortfeasor seek contributions from others?

A: Yes, a joint tortfeasor who pays more than their share can seek contributions from the other tortfeasors.

Also Read: The Doctrine of Respondeat Superior

Reference: law.cornell.edu