Joint Tortfeasors: Concept, Nature, Legal Remedies - UPSC Notes

Joint tortfeasors are two or more persons or organisations that have joint liability with regard to the same harm or injury that is inflicted against a plaintiff in a tortious case. That is, they share collectively responsibility for the plaintiff's losses, and the plaintiff may claim the full value of damages against any of them. 

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The Joint Tortfeasors is an effective topic in the UPSC Law Optional. It assists in comprehending civil liabilities according to the tort law. Such students are studying Law Optional, which makes this topic fall under GS Paper II. It belongs to the subject Law, in Legal Concepts. It is examined during the prelims and mains in the form of legal problem questions. It is critical in developing clarity of concepts in civil law subjects.

What are Joint Tortfeasors?

Joint Tortfeasors are people who act together and cause a wrongful act or omission. Their act harms someone. All of them are held responsible. The injured person can sue all or one of them for full damages. This legal rule ensures that the victim gets full compensation. The law allows the person harmed to choose whom to sue. The persons sued can claim from each other later. The rule prevents injustice to the injured party. Even if one wrongdoer is missing, the other is still fully liable. Courts apply this rule in many tort law cases. Examples include assault by a group, joint fraud, or negligence by multiple persons.

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Joint Tortfeasors arise out of a situation where two or more people lose track of their actions and cause an injury to a third party by a collective statement or collective intent. Liability does occur when there is agency, vicarious or combined wrong of action. When one person does it on behalf of another, the two people can be held responsible. In the same way, employers may be responsible for the actions of their employees. In cases where people act in common partially or without signing any document, according to the law, they are considered to have worked as Joint Tortfeasors. The critical consideration will be that they played a role in the damage together. Courts are concerned with the relationship between what they have done and their collective responsibility.

Agency

Agency is the representation of one man by another man. The principal can also be exposed in case of a tort committed by the agent. In such cases, they become Joint Tortfeasors. 

For example:

• One of the workers of a company drives carelessly.
• He gets involved in an accident.
• The organisation is also held responsible.

This is attributed to the fact that the agent takes action on behalf of the principal. There is a connection between their acts. Both are regarded as sources of harm in tandem. In courts, the agent and the principal are held responsible.

Vicarious Liability

The other important rule is vicarious liability. It is used when an individual is intended to be answerable for the action of the other person because of their relationship. It is applied, primarily, to:

• Employers and employees
• Relationships in a company
• Parents and children

For example:

• Because of negligence, a worker in a factory caused the damage.
• The employer is not left out, together with the worker.
• They both become Joint Tortfeasors.

This rule allows the victim to recover damages with ease. It also gives responsible control by the employers. Courts verify whether the act was within the scope of the job.

Joint or Standard Action

In some instances, a wrongful act is committed by two or more people. They can be plotted, or they can be done with a shared objective. They are, in that case, Joint Tortfeasors.

For example:

• It is a pair of individuals who vandalise the Commonwealth.
• The two will be responsible.
• According to the law, the damage is not split according to their role.

There is complete liability even when the liability of one person was minor. This assists in giving the victims all justice. Subsequently, the tortfeasors are able to share the money.

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Nature of Liability of Joint Tortfeasors

Joint tortfeasors have a joint and several liability. The implication is that every tortfeasor is responsible for the full damage. The victim is allowed to sue all, part, or one of the tortfeasors to be compensated fully. Paying one can then take just a proportion out of the rest. Courts are geared towards giving total justice to the victim state without demanding any evidence of individual levels of fault. Their action is viewed as wrong in the law. It is to secure the victim and avoid liability escape. It makes it accountable and reasonable to everyone, despite the fact that the tortfeasors might have contributed to the harm disproportionately. Liability of Joint Tortfeasors is strict. They have joint and separate liability. This means:

• All the tortfeasors are entirely responsible.
• The victim can sue either of them.
• The latter is liable for 100 per cent damages.
• He is then able to claim on other people.

This is a rule that secures the victim. He does not have to justify the amount done by whom. According to the law, the act is considered a single harm. It gives complete indemnity.

Legal Remedies

Rules and policies state that in situations involving Joint Tortfeasors, the injured party can sue all of them or just one of them. The other tortfeasors can claim to give a full contribution to the tortfeasor who pays full damages. In appropriate cases, courts also permit the distribution of the liability between the tortfeasors. Such solutions provide fair and common responsibility.

• Single action: The victim can bring one case against them all.
• Single-person action: The Victim can bring suit against one and pass on the rest.
• Right of contribution: A tortfeasor may require that others share payment.

This judicial system establishes neutrality between wrongdoers and the rights of the victims.

Judgments and Precedents

In numerous decisions, the Indian courts held to the concept of complete liability of Joint Tortfeasors. In the case of Kourshed Ahmed v., the court deemed all the parties equally at fault in joint wrongdoing, Jalaluddin. The courts are concerned with upholding the rights of the victim and ensuring full justice. These decisions reinforce the law pertaining to Joint Tortfeasors, and they direct future litigation.

• The Indian courts strictly adhere to this rule. They have made it known:
• All the Joint Tortfeasors are vicariously liable.
• The party being uninvolved should not undergo such prejudice because of the intricacy of the law.

Key case: Kourshed Ahmed v. Jalaluddin. The court found both tortfeasors guilty of damage done through the joint actions of the pair.

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Exceptions to the Rule

In some instances, the concept of Joint Tortfeasors is not applicable as an exception. Tortious actors are not jointly liable in cases where the tortfeasors have no common intention. In these, they are considered independent offenders by the court. Also, in a case where a statutory immunity is given to one tortfeasor, that tortfeasor cannot be liable. There is yet another occasion when the injured party has come to a full settlement with one tortfeasor. This, depending on the terms, will liberate others as well. Fairness and the court's legal intention of actions are also taken into account. Exceptions like this will have the effect of holding only those who are liable under the principle of Joint tortfeasors.

The rule of joint liability is strict, but it has exceptions. The rule is not applied in all cases in the courts. These are among some of its major exceptions:

Independent Acts

In case two or more people harm a person by their different and independent acts, they are not Joint Tortfeasors. Each is responsible only for their own act. Their liability is considered individual by the court. Two individuals may not be Joint Tortfeasors if their actions are independent, and yet, they result in the same harm.

Example:

• At the same time, two drivers are involved in an accident.
• They did not act in concert or conspire to do the act.
• They are not Joint Tortfeasors; in reality, they are very much independent tortfeasors.

In these circumstances, the judge determines the percentage of blame for each of them.

Statutory Immunity

There are those individuals who are prohibited by law, and they cannot be made Joint Tortfeasors. This is in case of government officers or individuals who are acting under the authority of the law. They are granted statutory immunity from liability for their actions if they are lawful. There are cases when some persons are granted immunity by the law. This is despite other people being liable.

For example:

• Servants of the government who are using the law.
• Individuals who have special protection under, e.g. specific acts.

In these situations, they are not regarded as Joint Tortfeasors, although the act may have been wrong.

Settlement with One Tortfeasor

When the person who was injured agrees to the settlement with one of the Joint Tortfeasors, they might or might not free the others. It is based on settlement terms. Courts decide further claims by investigating whether the plaintiffs received full compensation or not. When a victim has agreed with one of the tortfeasors and has discharged him, one may discharge others as well.

This is dependent on:

• Settlement terms.
• The court did or did not see complete compensation.

In others, courts permit suits to be brought against other tortfeasors despite a settlement.

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Conclusion

Joint Tortfeasors are an essential component of the tort law. It makes sure that two or more individuals who act jointly in bringing harm are entirely answerable. The victim may get damages completely in any of them. Subsequently, a payer may demand a fraction of others. This principle prevents needless muddles with respect to liability, and it safeguards the victim. It also promotes good morals amongst people. This way of viewing the wrongful act as a single item brings fairness and justice to the law. The knowledge of Joint Tortfeasors is helpful in the process of handling real-life civil wrong cases.

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