Whether the 1st and 2nd defendants were joint or concurrent tortfeasors – classification of the defendants as joint or concurrent tortfeasors is ultimately not significant in this case – critical factor in determining whether settlement with 1st defendant bars continuation of the claim against the 2nd defendant is the nature and intendment of the settlement – no evidence to substantiate that settlement was in partial not full satisfaction of claim – basic rule/principle, that settlement extinguishes claim against other tortfeasor, which prevents the injustice of double recovery, is not displaced – 2nd defendant’s security guards presence based on contract between the 1st and 2nd defendants which created and delineated their duties – security guards have no general duty to prevent crime over and above that of ordinary private citizens – absence of privity of contract between the claimant and the 2nd defendant – tortious liability in the circumstances of this case cannot exist independently of, or exceed that based on contract – discontinuance against 1st defendant and the absence of privity of contract between the claimant and the 2nd defendant fatal to the claim against the 2nd defendant
Case Number
2012HCV04442
Presiding Judge
Year
Neutral Citation
[2020] JMSC Civ 14
Date of Delivery