2002Journal of The National Procurators CollegeRequires access

Reflections on Joint and Several Liability in Tortious Acts

Shao Shi

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Abstract

Joint act of tort incurs joint and several liability based on the combination of joint offence and joint act. In other words, joint offence without joint act does not necessarily bear joint and several liability. There is difference between joint and several liability and advancedly paid, supplementary and derivative liability where neither joint offence nor joint act exist. When sentencing an injuring party to take joint and several liability, it is reasonable and practical to judge out the portion for which each injurer should compensate.

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What this paper is about

Joint act of tort incurs joint and several liability based on the combination of joint offence and joint act. In other words, joint offence without joint act does not necessarily bear joint and several liability. There is difference between joint and several liability and advancedly paid, supplementary and derivative liability where neither joint offence nor joint act exist. When sentencing an injuring party to take joint and several liability, it is reasonable and practical to judge out the portion for which each injurer should compensate.

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Available abstract

Joint act of tort incurs joint and several liability based on the combination of joint offence and joint act. In other words, joint offence without joint act does not necessarily bear joint and several liability. There is difference between joint and several liability and advancedly paid, supplementary and derivative liability where neither joint offence nor joint act exist. When sentencing an injuring party to take joint and several liability, it is reasonable and practical to judge out the portion for which each injurer should compensate.

Key concepts: Joint (building), Joint and several liability, Liability, Tort, Law and economics, Business, Law, Strict liability

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