The liability of independent tort feasors

Solution

Three principles have been given in English Common Law regarding liability of Joint-tortfeasors. Liability of wrongdoers are joint and several i.e., each one is liable for the whole damage. Here, the injured party may sue them jointly or any of them separately and the decree against them may be executed against any one of them. It was observed in the case Brinsmead v. Harrison, (1871, that a judgment obtained against one joint wrongdoer released all the others even though it was not satisfied. The tort is said to have merged in the judgment. A tortfeasor liable in damage for his fraud or wilful wrongdoing could not recover contribution or indemnity from a joint tort-feasors. Independent tortfeasors are severally liable for the same damage owing to independent causes of action. In the case of Thompson v. London County Council, (1899), the house of plaintiff got damaged due to excavation carried out by A negligently and it had further aggravated the damage of house by B who left the watermain insufficiently stopped. The Court held both A and B liable for damage but not as joint-tortfeasors as their acts were independent. It was held that the damage is one but the causes of action which led to that damage are two. Hence, such tortfeasors are severally liable for the same damage but they are not jointly liable for the same tort.