Multiple Tortfeasors

“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

23042

Card Set

Multiple Tortfeasors

Description

Torts study

Updated

2010-06-10T23:05:22Z

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