First Principles of Business Law

2. Multiple tortfeasors

2.2. 'Joint' tortfeasors

When two or more persons join in wrongful conduct which causes personal injury to a plaintiff, they are known as ‘joint tortfeasors’.  Read the facts below and then answer the question. 

A and B are plumbers. C hires them to locate and repair a leak in the gas supply pipes in C's factory. The leak is difficult to locate. After searching for a while without success, A and B conclude the leak must be very small. They think they might be able to locate it by igniting the leaking gas. They start striking matches and holding the flame near different parts of the gas pipes. Unfortunately one of the matches struck by A causes a large explosion which injures C. Which of the alternatives set out below is correct?

(a) In these circumstances, A and B joined in wrongful conduct and are both jointly liable for the injuries suffered by C. 

(b) In these circumstances it was A who actually ignited the gas and this is what caused the injuries to C.  Therefore only A is liable to C.