Article 2.4.11 Joint and Several Liability

(a) Scope and Effect of Joint Liability:

Where two or more persons are jointly or concurrently liable for the same tortious harm, the claimant may pursue and seek to recover the full amount of damages from any one or more of those persons, regardless of the relative degree of fault. This includes situations where harm results from joint actions, concurrent independent acts, or indivisible outcomes arising from multiple contributors.

(b) Rights of Contribution:

A person who has paid more than their fair share of the damages may seek contribution or indemnity from other responsible parties. The allocation of contribution shall be determined by the ICT Court based on:

(i) Relative fault and degree of blameworthiness;

(ii) Causative responsibility for the harm;

(iii) Whether one party exercised greater control, knowledge, or benefit;

(iv) Any indemnification or contractual obligations existing between the parties;

(v) The interests of fairness and justice in the specific circumstances; and

(vi) The application of contributory negligence or comparative fault principles as provided in Article 2.4.2.

(c) Application to Vicarious and Accessory Liability:

Joint and several liability shall apply where a party is held liable on a vicarious, accessory, or secondary basis, including in cases of inducement, encouragement, or knowing assistance in the commission of the tort.

(d) Non-Excludability:

Parties shall not contract out of joint and several liability where the result would be to prejudice a third-party claimant’s ability to recover full compensation.

(e) Concurrent Independent Acts:

Joint and several liability shall also apply where multiple tortfeasors, acting independently rather than in concert, each caused or materially contributed to the same overall harm. This applies even if their acts occurred at different times or in different locations, provided the resulting harm is indivisible or cannot reasonably be separated between them. This includes situations where:

(i) The harm results from multiple concurrent causes that are factually or legally indistinguishable;

(ii) The effects of the tortious conduct are cumulative or overlapping in a way that makes individual attribution impossible or impractical; or

(iii) The conduct involves cross-border, digital, or extra-territorial actions that cause harm within the ICT’s jurisdiction.

(f) Procedure for Contribution:

(i) A tortfeasor who has paid more than their fair share of damages may bring a claim for contribution against other responsible parties. Such claims shall be filed:

(g) Within the limitation period set out in Part 4 (Limitations) of this ICT Code; or

(i) Within such additional time as the ICT Court deems reasonable, based on:

(ii) When the claimant seeking contribution became legally liable or made payment;

(iii) Whether the delay in bringing the contribution claim was reasonable in the circumstances;

(iv) The interests of finality, efficiency, and fairness in the resolution of disputes.

(v) Contribution claims may be brought in the same proceedings as the underlying tort claim, or as separate proceedings, as permitted by procedural rules or the ICT Court.