Рет қаралды 413
When we talk about the concept of joint tortfeasor, it is often read as jointly and severally liable but the thin difference between the two is barely known to people. Jointly means both the parties have joint liability, of the offence. Meaning that each one of them shall be equally and wholly liable for the offence committed by them and shall take the full responsibility together. In cases of joint liability one or both of the parties can be sued for full obligation. But in the cases of several liabilities the share of responsibility is divided, and the parties are only responsible for their share of the wrong and not responsible for the share of the wrong committed by the other party.
In torts, a claim against a party with joint liability may or may not include all the parties. If the plaintiff by default leaves someone out, then there is no remedy to re-compensate from the remaining parties, as the defendant is jointly as well as wholly liable to pay compensation for the wrong that is not even committed by him. But in the cases of several liabilities, this gap is covered. It does not matter if a joint tortfeasor is covered in the suit or not, he can still be sued later by the defendant to re-compensate him for the extra that he has beared. The other party can be sued by the defendant in this case later. Thus several liabilities amplify the course of justice and divide the share of joint liability in torts.
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