A Full Bench of the Allahabad High Court in Dharni Dhar v. Chandra Shekhar has held that the doctrine Merryweather v. Nixan does not apply in India. A...
At common law no action for contribution was maintainable by one wrongdoer against another, although the one who sought contribution might have been compelled to satisfy the full...
The civil liabilities (contribution) act, 1978 has made the law clear and definite. Section 2 (1) of the act provides that the amount recoverable as damages will be...
Under the Common Law, a judgment against one tort-feasor was a bar against further action against others. But the law reform (Married Women and Tort-feasors) Act, 1935 has...
The joint tort-feasors are jointly and separately liable for the whole damage resulting from the tort. They may be sued jointly or severally. If sued jointly, the damages...
The distinction between ‘composite negligence’ and contributory negligence’ was well brought in T.O. Anthony v Karvarnan. It was laid down that ‘composite negligence’ refers to the negligence on...
The joint liability arises under three circumstances:- (1) Agency, when one person employs another to do an act which turns out to be a tort. (2)Vicarious liability, i.e.,...
All persons who aid, or counsel, or direct or join in the committal of a wrongful act, are joint tort-feasors. Persons are not joint tort-feasors merely because their...
The doctrine of sovereign immunity as laid down in steam navigation case is outdated and a historical anarchism. It is a product of colonial era. In modern times...
