Multiple Tortfeasors

Card Set Information

Author:
Eloise
ID:
23042
Filename:
Multiple Tortfeasors
Updated:
2010-06-10 19:05:22
Tags:
law torts
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Description:
Torts study
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  1. “Joint” Liability:
    2 (or more) Ds liable for same wrong
  2. Examples of “joint” liability:
    • (a) Vicarious Liability (eg employer liability, liability for agents)
    • (b) Joint Duties (eg joint occupiers’ liability to an entrant)
    • (c) Ds Acting In Concert (‘concerted action)
  3. “Several” Liability:
    2 (or more) Ds liable for different wrongs
  4. What is an example case for “several” liability:
    Chapman v Hearse (1961)
  5. “Concurrent” Liability:
    2 (or more) Ds liable for the same injury
  6. “Liability for Distinct Damage”:
    Liability of 2 (or more) Ds for different injuries/losses caused
  7. Solidary Liability:
    Each D in principle liable to P for the whole injury suffered
  8. Proportionate Liability:
    Each D liable to P only for a proportion of a single injury suffered.
  9. Contribution:
    Claim by D1 against D2 for a contribution towards D1’s solidary liability
  10. Indemnity:
    D1 entitled to 100% contribution from D2
  11. Aggravation:
    D2 adding to damage already caused by 1
  12. Joint and several concurrent tortfeasors:
    • 2 or more D’s
    • 1 wrong only (‘joint liability’)
    • One injury (‘concurrent liability’)
  13. Joint tortfeasors:
    Two or more persons responsible for the same wrong
  14. Several tortfeasors:
    Two or more persons comitting different wrongs
  15. Concurrent tortfeasors:
    Two or more wrongdoers causing the same injury
  16. Which section of the CLA relates to a concurrent wrongdoer
    s30 Who is a concurrent wrongdoer

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