Research On The Joint And Several Liability

Joint and several liability ,as it said, there is several torts contributing to the same harm and several persons liable for what they have independently done, with no acting in concert.How about the contribution between tortfeasors in that situation ?If there is more than one breach of duty which causes the plaintff damage, the liability of the defendants may be independent ,several or joint . Independent liability arises where the plaintiff suffered damage as a result of two completely separate torts. Each tortfeasor is liable for the damage he inflicts. If A's car is damaged on the right–hand side by B's negligence and a week later C drives neligently into the left–hand side of the car ,B and C are independently liable for the damage they inflicted.If more than one tortfeasors acts independently to cause the same damage to the plaintiff, then they are severally liability. An example would be where two careless motorists collide and injure a pedestrian. In cases of several liability ,each tortfeasor is liable to be sued for the full amount of that harm, but the plaintiff may recover damages only once.The contribution between tortfeasors in that way has many definations. it's rational. The victim will be paid in full even if one of the tortsors is insolvent, untraceable ,or in goal. It's also fair. Any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage .The thesis contains five parts:In the first part ,a brief discussion on the"none acting in concert"is introducted in there respects . From the law we use now in china and the theories the reaschers have done to the law abroad are all maily discussed. And a conclution is made : joint and several liability is different from the indepent tort as a result of several tortfeasors . As it concered, it's also different from joint libility , because the tortfeasors have no connet of concern.In the second , we concludes the types of joint and several liability. They have different cautions. If there are several cautions but one damages . the victim may be sued for the full damages from any tortfeasors. If there are several cautions and several damages ,besides we can desperated several independ torts ,the victim had to sued only the damage.In the third part, the advantage from abroad are introduced. We analyzes the U.S , Germany and Japan especially in the Taiwan province. There are two ways to solute this problems. Independ liability and joint liability . we think the principle of join and several libility is more suitable for us .In the forth part, we compares the benefits between independent liability and joint and several liability. we also analyzes the basic of the contribution to the tortfeasors."connect of action"is important to that torts. It's the reason the tortfeasors should pay the full amount of the damage first even the amount is much more than he should be paid.In the last part, we discuss the problems of successive actions by the plaintiff, contribution between defendants and the recovers. And prove that the plaintiff may recover damages only once.So the conclusion is that joint and several liabilities are much more suitable for us to follow to solute the problems in the common world. And it will also help the victims get the aid in the first time.