Jersey Elec. v Brocken & Fitzpatrick [2004] JLR 289 (27 July 2004)

Jersey Elec. v Brocken & Fitzpatrick [2004] JLR 289 (27 July 2004)

A joint tortfeasor is liable to make contribution unless the contract expressly excludes tortious liability; if the contract is ambiguous, the interpretation restricting liability is preferred.

Citation
[2004] JLR 289
Parties
Claimant: Jersey Electricity; Defendant: Brocken; Defendant: Fitzpatrick
Jurisdiction
Jersey
Judgment Date
27 July 2004
Procedural Posture
Tort / Judgment
Outcome
judgment for claimant
Legal Topics
Joint Tortfeasors, Contribution, Contractual Exclusion of Liability
Tort Law Joint Tortfeasors Contribution Contractual Exclusion of Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Jersey Electricity

Claimant

Brocken

Defendant

Fitzpatrick

Defendant

Procedural Posture

Tort / Judgment

Legal Issues

  1. 1 Whether a joint tortfeasor is liable to make contribution under the Law Reform (Miscellaneous Provisions) (Jersey) Law 1960, art. 5(1)(c) unless tortious liability is expressly excluded in contract
  2. 2 Whether a contract that can be construed equally as excluding or restricting tortious liability should be interpreted as restricting liability

Ratio Decidendi

A joint tortfeasor is liable to make contribution unless the contract expressly excludes tortious liability; if the contract is ambiguous, the interpretation restricting liability is preferred.

Court Disposition

judgment for claimant