Joint Tortfeasors

Question 1

Intro

Answer 1

1. When damage caused to one by several wrongdoers - COMPOSITE TORTFEASORS
2. Ct Can be joint (common design) or independent ( similar design).
3. When several person jointly commit a tort- in furtherance of common design, there must be concurrence in the act, not merely a coincidence of seperate act.

Question 2

2 cases to show joint liability of joint Tortfeasors

Answer 2

1. Brookes vs booles- to find gas leak applied naked flame-explosion. Held - jointly liable because their seperate share in the commission of tort was done in furtherance of common design
2. Arneil vs Patterson- 2 dogs acting in concert occassioned the whole damage

Question 3

Other points to show joint and several liability of jt

Answer 3

1. Release of one , release of all- cause of action is one and indivisible
2. Judgement against one wouldn’t bar action against anither… If damage not completely recovered
3. Compromise between the plaintiff and one of the tortfeasor doesn’t absolve others of their liablity
4. Contribution between tortfesors - Merryweather vs nixon - no contribution between joint Tortfeasors.
   Rejected in India

Question 4

Rationale or conclusion

Answer 4

Even if one defendent dies, disappears, or is declared bankrupt, the plaintiff can recover the full amount of damage from other defendants. So JT is for the benifit of the plaintiff