1. JOINT TORTFEASORS

2. Whereas the same damage is caused to one person by several wrongdoers
Whereas the same damage is caused to one person by several wrongdoers. They may be either independent tortfeasors or joint tortfeasors. It is therefore necessary to distinguish the two types of tortfeasors and their liability.

3. Independent tortfeasor
Independent tortfeasors are persons who cause the same damage by independent wrongful acts.
i.e., the owner and the driver of offending vehicle.
The owner of the vehicle would be liable as he was permitted the use thereof.

4. Liability of independent tortfeasors
Independent tortfeasors are severally liable for the same damage due to independent causes of action.
i.e., the plaintiff’s house was damaged due to subsidence caused by excavation negligently by A, and also due to the negligence of B in leaving a water main insufficiently stopped.

5. Joint tortfeasors
Joint tortfeasors are those persons who cause the same damage in furtherance of a common design. Joint tortfeasors are those who have mentally combined together for the same purpose.

6. Joint tortfeasors
The liability of joint tortfeasors arises under three circumstance:
agency: when a person is authorized by another to act on his behalf. They both liable for agent’s wrongs.
Vicarious liability: when a person is liable for the tort committed by other person under special relationship.
Common action: when two or more persons join together for common action.

7. Liability of joint tortfeasors
Liability of wrongdoers are joint and several. The injured party may sue them jointly or separately.
The tortfeasor who has been held liable to pay more than the share of damages, can claim contribution from the other joint tortfeasors. But the amount fo contribution recoverable from the joint tortfeasors will depend upon his responsibility for the damage.

8. The end
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