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Multiple Tortfeasors
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“Joint” Liability:
2 (or more) Ds liable for
same wrong
Examples of “joint” liability:
(a) Vicarious Liability (eg employer liability, liability for agents)
(b) Joint Duties (eg joint occupiers’ liability to an entrant)
(c) Ds Acting In Concert (‘concerted action)
“Several” Liability:
2 (or more) Ds liable for
different wrongs
What is an example case for “several” liability:
Chapman v Hearse (1961)
“Concurrent” Liability:
2 (or more) Ds liable for the same injury
“Liability for Distinct Damage”:
Liability of 2 (or more) Ds for different injuries/losses caused
Solidary Liability:
Each D in principle liable to P for the whole injury suffered
Proportionate Liability:
Each D liable to P only for a proportion of a single injury suffered.
Contribution:
Claim by D1 against D2 for a contribution towards D1’s solidary liability
Indemnity:
D1 entitled to 100% contribution from D2
Aggravation:
D2 adding to damage already caused by 1
Joint and several concurrent tortfeasors:
2 or more D’s
1 wrong only (‘joint liability’)
One injury (‘concurrent liability’)
Joint tortfeasors:
Two or more persons responsible for the same wrong
Several tortfeasors:
Two or more persons comitting different wrongs
Concurrent tortfeasors:
Two or more wrongdoers causing the same injury
Which section of the CLA relates to a concurrent wrongdoer
s30 Who is a concurrent wrongdoer
Author
Eloise
ID
23042
Card Set
Multiple Tortfeasors
Description
Torts study
Updated
2010-06-10T23:05:22Z
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