Explain and illustrate the following: Joint tortfeasors and contribution between them.
Find the question and answer of Law of Torts only on Legal Bites.
Question: Explain and illustrate the following: Joint tortfeasors and contribution between them.Find the question and answer of Law of Torts only on Legal Bites. [Explain and illustrate the following: Joint tortfeasors and contribution between them.]AnswerJoint tortfeasors are two or more individuals or entities who are responsible for a single injury or harm caused to another person. In other words, they are jointly liable for the damages caused to the victim. In such cases, each tortfeasor...
Question: Explain and illustrate the following: Joint tortfeasors and contribution between them.
Find the question and answer of Law of Torts only on Legal Bites. [Explain and illustrate the following: Joint tortfeasors and contribution between them.]
Answer
Joint tortfeasors are two or more individuals or entities who are responsible for a single injury or harm caused to another person. In other words, they are jointly liable for the damages caused to the victim. In such cases, each tortfeasor is held equally responsible for the entire amount of the damages awarded to the plaintiff.
However, the law also provides for the concept of contribution between joint tortfeasors. Contribution allows one tortfeasor to recover from the other(s) a portion of the damages paid to the plaintiff. This ensures that each tortfeasor bears a fair share of the liability based on their respective degree of fault or responsibility.
For example, if two drivers collide and both are found responsible for the accident, they are considered joint tortfeasors. If the plaintiff receives a $100,000 judgment against both drivers, each driver may be responsible for paying the entire $100,000. However, if one driver is found to be 60% at fault and the other 40%, the 60% driver would pay $60,000 and the 40% driver would pay $40,000.
The concept of contribution was established in the landmark case Merryweather v. Nixon, 101 Eng. Rep. 1337 (1799). In this case, two individuals were jointly liable for damages caused to the plaintiff. One of the defendants paid the entire amount of the judgment and then sued the other defendant for contribution. The court held that the defendant who paid the entire amount had a right to seek contributions from the other defendant based on their equal share of the liability.
Another important case in this area is American Motorcycle Association v. Superior Court, 578 P.2d 899 (Cal. 1978). In this case, two motorcycle clubs were jointly responsible for injuries caused to the plaintiff. One club paid the entire amount of the judgment and then sued the other club for contribution. The court held that the club that paid the entire amount was entitled to seek contributions from the other club based on their respective degree of fault or responsibility.
Joint Tortfeasors are jointly liable for damages caused to the plaintiff, but the law also provides for contributions between them based on their respective degrees of fault or responsibility. This ensures that each tortfeasor bears a fair share of the liability.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
