Joint and Several Tortfeasors in Torts
Concept of Joint Tortfeasors
Joint tortfeasors are individuals who, together, engage in a wrongful act that causes harm to a third party. When two or more persons collaborate to cause damage, they are considered joint tortfeasors. The term itself implies that all the wrongdoers share combined liability for the civil wrong. In cases of joint liability, each tortfeasor is responsible for the entire damage, but the compensation may be divided among them according to the extent of their contribution to the harm.
The principle of contribution states that if one tortfeasor pays more than their share of damages to the plaintiff, they can recover the excess amount from the other tortfeasors.
Joint Tortfeasors in India
India does not have a specific statutory law addressing joint liability among tortfeasors. However, Indian courts have followed the principles laid down in cases like Brinsmead and Merryweather, though some doubts have been expressed about their applicability in India.
In the case of Khushro S. Gandhi vs. Guzdar, the Supreme Court of India rejected the common law principle that each tortfeasor is individually liable for the entire damage. The court ruled that in cases involving joint tortfeasors, all must be released from liability only after the plaintiff has received full satisfaction from one tortfeasor.
Instances of Liability Among Tortfeasors
- Agency: When one person acts on behalf of another, such as in an agent-principal relationship, the principal is jointly liable for any torts committed by the agent within the scope of their business. Both the agent and the principal share joint liability.
- Vicarious Liability: When a person is held responsible for the torts committed by another, such as a master being liable for the acts of a servant, both are considered joint tortfeasors and share combined liability.
- Joint Action: When two or more persons physically commit a civil wrong together, they are jointly and severally liable for the resulting harm.
Difference Between Joint and Several Liabilities
Joint liability means that all parties involved are equally and wholly responsible for the wrong committed. In such cases, any one or both of the parties can be sued for the full obligation. On the other hand, several liability divides the responsibility among the parties, making each one liable only for their share of the wrong, without being responsible for the other party’s share.
In tort cases, a claim against a party with joint liability may or may not include all the tortfeasors. If the plaintiff omits someone, there is no remedy to recover compensation from those left out, as the defendant is fully liable for the entire obligation. In contrast, with several liabilities, a defendant who pays more than their share can later sue the other tortfeasors for contribution, even if they were not initially included in the plaintiff’s suit. This system of several liabilities promotes justice by ensuring that the burden is fairly distributed among all responsible parties.
Conclusion
Understanding the distinction between joint and several liabilities is crucial for determining how responsibility and contribution among tortfeasors are managed. The concept of several liability allows defendants to seek contribution from others who share liability but were not initially sued by the plaintiff, thereby promoting fairness and equity in the legal process. Conversely, joint liability without the option for contribution can create gaps in justice, as it places the entire burden on one party, even if they were not solely responsible for the harm.
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