Mere facilitation of a tort does not make a person responsible as a joint tortfeasor
CBS Songs v Amstrad Consumer Electronics - D made hi-fi systems including recording from pre-recorded cassettes, faciliating breaches of copyright. Faciliation without encouragement was no sufficient.
Fish & Fish v Sea Shepherd UK - Fish farm, tuna, environment activist. Question was whether D was party to the common design of taking direct action, if acted in furtherance. Held statements on website and money was sent to do the ramming.
(c) where there is a breach of a duty imposed jointly on 2 or more persons
- Eg joint occupiers - jointly owning a house, duty is imposed on both of them
(d) where persons take 'concerted action to a common end' and in executing that joint purpose, anyone commits a tort, all are liable as joint tortfeasors
Brooke v Bool - Landlord authorised lodger to strike the match, joint enterprise of both in pursuance of a concerted purpose. They were held to be joint tortfeasors.
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