单词 | Several concurrent tortfeasors |
释义 | 各別同時的侵權人 Two or more wrongdoers whose independent and separate torts, when combined, inflict one and the same damage on another person. Several tortfeasors are said to be several liable: Devonshire (Owners) v Leslie (Owners) [1912] AC 634 (HL). A plaintiff may sue each tortfeasor separately for their contribution in causing the damage, and the result of one action does not affect the result of the others: Jameson v Central Electricity Generating Board [1998] QB 323 (CA). Alternatively, several tortfeasors may be sued together as co-defendants in a single action even though the cause of action against each is different. Several concurrent tortfeasors are opposed to joint concurrent tortfeasors whose single tortious conduct caused the injury. A tortfeasor can claim contribution from another tortfeasor who is liable for the same damage as a several tortfeasor: Civil Liability (Contribution) Ordinance (Cap 377) s 3(1). See also Co-defendant; Concurrent tortfeasors; Contribution; Joint concurrent tortfeasors; Several concurrent liability; Several liability. 如組合兩位或以上侵權者的獨立及分開的侵權行為,則會對他人造成一項及相同的損害。各別的侵權人被認為有各別的法律責任:Devonshire (Owners) v Leslie (Owners) [1912] AC 634 (上議院)。原告可分開起訴每一侵權人導致損害的部分,而一項訴訟的結果並不影響其他訴訟的結果:Jameson v Central Electricity Generating Board [1998] QB 323 (英國上訴法院)。即使對每一各別的侵權人的訴訟因由不同,也可在單一訴訟共同起訴各別的侵權人為共同被告人。各別同時的侵權人和單一侵權行為導致傷害的的共同同時的侵權人相對。侵權人可向另一為相同的損害有法律責任的侵權人申索分擔,作為各別侵權人:《民事責任(分擔)條例》(第377章)3(1)條。另見 Co-defendant; Concurrent tortfeasors; Contribution; Joint concurrent tortfeasors; Several concurrent liability; Several liability。 |
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