Joint and Several Tortfeasors in Torts
Joint and Several Tortfeasors in Torts
1. Introduction
In tort law, a tortfeasor is a person who commits a tort (a civil wrong). When more than one person commits a tort that results in damage to the plaintiff, they may be held liable as joint tortfeasors, several tortfeasors, or joint and several tortfeasors.
Understanding the concepts of joint and several tortfeasors is crucial to determine the extent and manner of liability.
2. Definitions
Joint Tortfeasors: Two or more persons who act together in committing a tortious act, jointly causing the damage.
Several Tortfeasors: Two or more persons who independently commit torts, but their acts collectively cause damage to the plaintiff.
Joint and Several Tortfeasors: When tortfeasors are jointly and severally liable, the plaintiff can hold any one or all of them liable for the full extent of the damage. The tortfeasors can then sort out contributions among themselves.
3. Joint Liability vs Several Liability
| Aspect | Joint Liability | Several Liability |
|---|---|---|
| Basis | Tortfeasors act together | Tortfeasors act independently |
| Liability for damages | Each liable for full damage jointly | Each liable only for their share |
| Plaintiff’s right | Can sue all or any jointly | Can sue each only for their share |
| Contribution rights | Tortfeasors can claim contribution | Usually no right to contribution |
4. Joint Tortfeasors
When two or more persons act in concert or jointly to commit a tortious act.
The act is a single wrongful act with multiple actors.
Example: Two persons together assault someone.
Legal Consequences:
Plaintiff can sue all or any one of the joint tortfeasors.
Each joint tortfeasor is liable for the entire damage.
If one pays more than their share, they can claim contribution from others.
5. Several Tortfeasors
When multiple tortfeasors act independently.
Each tortfeasor commits a separate wrongful act.
Example: Two drivers cause separate accidents that collectively cause injury to the plaintiff.
Legal Consequences:
Plaintiff can sue each tortfeasor only for the damage caused by their act.
No right of contribution among them generally.
6. Joint and Several Liability
Combines joint and several liability.
Plaintiff can recover full damages from any one or more of the tortfeasors.
The tortfeasor who pays the full amount can seek contribution from the others.
Purpose:
To ensure the plaintiff is fully compensated.
Simplifies plaintiff’s burden.
Holds all wrongdoers accountable.
7. Key Case Laws
Barnett v. Chelsea & Kensington Hospital Management Committee (1969) 1 QB 428
Discussed causation but important in joint liability.
Where multiple defendants cause harm, joint liability can be imposed.
Cook v. Lewis (1951) 1 SCR 830 (Canada)
Two hunters fired simultaneously, one shot injured the plaintiff.
Court held both liable jointly because it was impossible to determine who caused injury.
This case is often cited to explain joint liability when causation is uncertain.
Rashid v. Miah (1999) 1 All ER 573
Case from England explaining contribution between joint tortfeasors.
One tortfeasor who pays the full damages can recover contribution from others.
M.C. Chockalingam v. M.C. Meenakshi (1962 AIR Mad 38)
Indian case involving joint liability of tortfeasors causing injury to plaintiff.
Affirmed that when tortfeasors act in concert, they are jointly liable for full damages.
8. Contribution Between Joint Tortfeasors
When one joint tortfeasor pays more than their share, they can recover the excess amount from others.
This right is recognized under the Law of Torts and the Law of Contracts (where applicable).
No such right exists among several tortfeasors acting independently.
9. Example Scenario
Joint Tortfeasors: Two factory owners collude to dump toxic waste, causing harm to residents. Both can be sued jointly or individually for full damages.
Several Tortfeasors: Two factories independently dump toxic waste causing harm. Plaintiff must sue each for their proportion of damage.
10. Summary Table
| Concept | Meaning | Liability to Plaintiff | Right of Contribution |
|---|---|---|---|
| Joint Tortfeasors | Act together to cause tortious harm | Each liable for full damage | Yes |
| Several Tortfeasors | Independent tortious acts | Each liable for own damage only | No |
| Joint and Several Tortfeasors | Can be sued for entire damage individually or together | Full damages from any or all | Yes |
Conclusion
Joint and several tortfeasors is a legal doctrine that allows a plaintiff to recover full damages from any one or more of the tortfeasors who caused the harm, whether they acted together or independently. This ensures effective compensation for the injured party while allowing tortfeasors to sort out their respective shares internally.
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