Joint wrongdoers Flashcards
Discuss joint wrongdoers in the context of the law of delict
Define ‘Joint Wrongdoers’.
Common Law
Damage can be caused by a single wrongdoer or by joint wrongdoers.
The common law distinguished between joint wrongdoers and independent or separate wrongdoers (concurrent wrongdoers) and their liability was treated differently.
Differentiate between ‘Joint Wrongdoers ‘ and ‘Concurrent Wrongdoers’.
Joint Wrongdoers- Persons who co-operated consciously to commit a delict.
Concurrent Wrongdoers- More than one person by independent wrongful conduct contributes casually to the same harmful consequence.
What is the position of Joint Wrongdoers under the the Appointment of Damages Act?
The Act abolishes the Common Law distinction between joint wrongdoers and concurrent wrongdoers.
Joint wrongdoers are now defined as persons who are jointly and severally liable in delict for the same damage.
When can a person be sued as a joint wrongdoer?
A person may only be sued as a joint wrongdoer if he was indeed delictually liable as against the plaintiff. If joint wrongdoers comply with this requirement, the Appointment of Damages Act is applicable irrespective of whether they acted negligently or intentionally.
What does ‘Joint wrongdoers are in solidum liable for the full damages’ mean?
The plaintiff can sue whichever joint wrongdoer he chooses for the full amount of damages.
Joint wrongdoers may also be sued in the same action.
The court may order that joint wrongdoers shall be jointly or severally liable, and the payment by one of them shall absolve the others from any liability to the plaintiff.
If the court is satisfied that all the joint wrongdoers are before it, it may apportion the damages among them on the basis of their relative degrees of fault and give judgment against every wrongdoer for his part of the damages.
Right of recourse?
Where a plaintiff of a defendant notifies a joint wrongdoer before litis contestation, the defendant may claim recourse from that joint wrongdoer if he has paid the full amount of damages to the plaintiff.
The right of recourse is directed at claiming an amount which, taking into account the respective degrees of fault of the joint wrongdoers, is considered to be fair.
If the plaintiff recovers only a part of his damages from the joint wrongdoer, he may sue the joint wrongdoer for the balance.
If a joint wrongdoer pays more than is justified by the degree of his fault, he may exercise his right of recourse against any of the other joint wrongdoers.
