Case Summary

Brooke v Bool [1928] 2 KB 578

Tort; Negligence; joint and several tortfeasors.

Facts: Two men searching for a gas leak tried to find it by applying a naked flame to a gas pipe. By doing this, one of the men caused the leaking gas to explode.

Issue: Were both men liable for the harm caused by the explosion?

Decision: Both the men were jointly liable.

Reason: The court decided that although only one of the men had actually caused the explosion, they were both jointly liable because their separate share in the commission of the tort was done in furtherance of a common design. Note: Where there is no community of design between persons, but their acts combine to produce harm, they are referred to as 'several' tortfeasors as opposed to 'joint' tortfeasors.