joint tortfeasors

Joint tortfeasors are persons who act in furtherance of a common design, or who are responsible for one another (master and servant, principal and agent), and so cause a single injury. The plaintiff may sue all of them or any one of them, and each is liable for the whole damage (joint and several liability). Between themselves, a tortfeasor who pays more than his share may claim contribution from the others.

Distinguish independent tortfeasors whose separate acts happen to combine to cause one damage (composite negligence): they too are each liable in full to the victim, but there was no common design. Under old English law, release of one joint tortfeasor released all; Indian courts have not applied that rule rigidly.

Example

The newspaper owner, editor and printer of a defamatory article are joint tortfeasors, and the plaintiff may recover the entire damages from any one of them.

See also

composite negligence · vicarious liability · tort · contributory negligence

Read more in the study notes

• Strict liability and vicarious liability (Jurisprudence)
• Obligation: nature, sources and kinds, and solidary obligations (Jurisprudence)
• Tort: meaning, nature and distinctions (Law of Torts)