Composite Negligence and Liability of Joint Tort-Feasors: A Study

Abstract

Winfield and Jolewicz stated the law relating to the liability of joint-tort feasors thus:i) Where two or persons by their independent breaches of duty to the claimant cause him to suffer distinct injuries, no special rules are required, for each tort-feasor is liable for the damage;ii) Where however, two or more breaches of duty by different persons cause the claimant to suffer a single, indivisible injury the position is more complicated. The law in such a case is that the claimant is entitled to sue all or any of them for the full amount of his loss and each is said to be jointly and severally liable for it;iii) If the claimant sues the defendent A and not B and C, it is open to A to seek ‘contribution’ from B and C in respect of their relative respective liability for this is a matter among A, B and C and does not affect claimant;In other words, special rules are necessary to deal with the possibilities of successive actions in respect of that loss and claims for contribution and indemnity by one tort-feasor against the others;iv) It is greatly to the claimant’s advantage to show that he has suffered the same, indivisible harm at the hands of a number of defendants for he, thereby avoids the risk inherent in cases where there are different injuries, of finding that one defendant is insolvent (or uninsured) and being unable to execute judgment against him.