Outro

Question 1

What if more than one person is involved?

Answer 1

All can be liable if common design can be proved.

Question 2

Shah v Gale

Answer 2

D ‘expressly and by the clearest implication became part of the common design’

Question 3

Fish & Fish v Sea Shepherd:

Answer 3

D will be jointly liable if:

(i) : he has assisted the commission of a tort by another person,
(ii) : it is pursuant to a common design (intention of the tort), and
(iii) : an act is done which is tortious

Question 4

What is the remedy for battery?

Answer 4

Usually damages which compensate the claimant for the loss if damage can be proved. If damage can’t be proved then damages will be minimal but will still compensate C.