Friday, 11 February 2022

JOINT TORT FEASORS

 


                                         JOINT TORTFEASORS 



WHAT ARE JOINT TORTFEASORS?


HARASSMENT IS A SERIOUS CRIME COMMITTED AGAINST A PERSON IN HIS POSITION I.E. IN HIS PLACE. A PERSON COMMITTING A CRIME OR HARASSMENT IS CALLED A TORTFEASOR. NOW IF THE ACT WAS COMMITTED BY 2 PEOPLE, WHO HAD THE SAME INTENTION FOR THE ACT OF BOTH, THEY WOULD BOTH BE RESPONSIBLE FOR COMPENSATING THE INJURED PERSON FOR THEIR ACTION. THE INJURED PARTY MAY CLAIM BENEFITS FROM BOTH PARTIES BECAUSE THEY ACTED IN A JOINT MANNER AT THE BEGINNING OF THE ACTION. THEREFORE, PEOPLE WHO ARE RESPONSIBLE FOR COMMITTING A CRIME FOR THE SAME PURPOSE ARE CALLED COLLECTIVE TORTFEASORS. PLAINTIFF IN THIS CASE HAS THE OPTION TO SUE PEOPLE WHICH INCLUDES HARMING AN INDIVIDUAL OR AS A GROUP.


HOW DOES A SHARED LEGAL BOND DEVELOP?

DEBT COMES IN THREE FORMS, NAMELY:


1) AGENCY

2) VICARIOUS LIABILITY 

3) JOINT TORTFEASOR  



AGENCY


THE CONCEPT OF AGENCY'S LEGAL OBLIGATION AND COOPERATION CAN BE WORKED OUT IN THE AGENCY. WHEN ONE PERSON HAS THE AUTHORITY TO REPRESENT ANOTHER PERSON, IT MEANS THAT HE OR SHE IS ACTING AS AN AGENT FOR THAT PERSON OR GROUP OF PEOPLE, ALSO CALLED A PRINCIPLE. IN A PARTNERSHIP WHEN ONE OF THE PARTNERS DOES SOMETHING DURING THE PARTNERSHIP YOU ARE DOING IT FOR THE OTHER PARTNERS AND BECAUSE THEY ALL WORK TOGETHER AND ARE AUTHORIZED TO INTERACT WITH EACH OTHER DURING BUSINESS. IN BOTH CASES, IF THE PERSON ACTING AS THE PERPETRATOR COMMITS A PUBLIC CRIME, THEN HE OR SHE AND THE PERSON ACTING WITH HIM OR HER WILL BE PROSECUTED. IF ONE PARTNER DOES SOMETHING WRONG THEN OTHER PARTNERS SHOULD ALSO BE PROSECUTED.


VICARIOUS LIABILITY


IF A PERSON IS GUILTY OF AN OFFENSE COMMITTED BY ANOTHER PERSON WITH CERTAIN JURISDICTION NAMELY PAYMENT, AUTHORIZATION DEED, LEASE AND FIRE, THEN BENEFITS MAY BE CLAIMED FROM BOTH PERSONS AS BOTH PERSONS WILL BE TREATED AS AN ENTITY. TORTFEASORS. AN EXAMPLE OF SUCH A RELATIONSHIP IS THE MASTER AND THE SERVANT, THE EMPLOYER AND THE EMPLOYEE, WHERE THE ACTIONS ARE PERFORMED AT THE TIME OF EMPLOYMENT. WHO HAD THE SAME PURPOSE AND AS THE SAME GOAL THEN BOTH THE AFFECTED PEOPLE WOULD BE JOINTLY AND COLLECTIVELY PROSECUTED AS CO-PERPETRATORS.


JOINT TORTFEASOR  


IF THE RESPONDENT IS ASKED TO PAY MORE THAN THE DAMAGES HE MAY ASK FOR AN EXTRA PAYMENT FROM ANOTHER JOINT BUYER. THE POLICY IS INTRODUCED TO DO JUSTICE BY SHARING COMPENSATION ON THE PART OF THE DEFENDANT IF NOT JUST ONE PERSON BUT OTHERS AS WELL.


CRITICISM OF JOINT TORTFEASOR THEORY


WHETHER A PERSON'S ACTIONS HAVE HAD LITTLE OR NO IMPACT ON THE START OF THE ACTION HE SHOULD ALSO PAY MORE THAN THE ACTUAL DAMAGE CAUSED OR MORE THAN THE DAMAGE CONTRIBUTION FROM HIM. THIS SOMETIMES LED TO THE UNEXPECTED AND UNEQUAL RESULTS OF THE COMBINED TORTFEASORS.


CONCLUSION 

JOINT TORTFEASORS ARE THE PEOPLE WHO COMMIT A TORT TOGETHER OR A PARTY TO THE ACTION WHICH IS DISRUPTIVE AND WHICH OUTRAGED A PERSONS LEGAL RIGHT OR CAUSES AN INJURY TO THE PERSO ON DAMAGES . QUI FACIT ALIUM PER ALIUM FACIT PER SE IS THE MAXIM WHICH DEFINES THE MATTER IN THE WAY THAT A PERSON WHO ACTS THROUGH OTHERS ACTS HIMSELF . WHICH IS THE REASON BEHINF THE THEORY’S CRITICISM . 


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