Joint Wrongdoers

Question 1

X and Y break into Z’s shop and steal the entire stock of Z’s famous ginger beer. Z arrives at the scene just as they start to run away. Z recognises X. The police find X only after he and Y have drunk all the ginger beer. Z wants to claim damages from X. Can Z claim the whole amount of damages from X? How can X improve his own position?

Answer 1

• Z can claim the whole amount of damages from X.
• The plaintiff has the right to sue whichever joint wrongdoer he chooses for the full amount of damages.
• X may claim recourse from Y.

Question 2

Say Z above has recognised both X and Y. Can he sue both of them in the same action? Who will be liable to pay the damages?

Answer 2

• Yes he can. Joint wrongdoers may be sued in the same action.
• The court may order that the joint wrongdoers shall be jointly or severally liable, and that payment by one of them shall absolve the others from any liability to the plaintiff.
• If the court is satisfied that all the joint wrongdoers are before it, it may apportion the damages among them on the basis of their relative degrees of fault, and may give judgment against both of them for their part of the damages.