Apportionment in private law / edited by Kit Barker, Ross Grantham.

Format:

Book

Contributor:

Barker, Kit, editor.

Grantham, Ross, editor.

Series:

Hart studies in private law.

Hart studies in private law

Language:

English

Subjects (All):

Correality and solidarity.

Joint tortfeasors.

Negligence, Comparative.

Negligence, Contributory.

Physical Description:

1 online resource (xxxii, 352 pages).

Place of Publication:

Oxford, UK ; Portland, Oregon : Hart Publishing, 2018.

Summary:

"This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives - historical, comparative, empirical, doctrinal and philosophical."-- Provided by publisher.

Contents:

Apportionment in private law : nothing, all, or something in between?

Kit Barker

Allocation of liability : principles, rhetoric and power

Richard Wright

Full, no, or partial liability? : that is the question. some answers from a civilian perspective

Helmut Koziol

Vicarious liability : a pailful of slops and other hazards

Warren Swain

Accessories, joint or several liability and apportionment

Joachim Dietrich

Contributory negligence and apportionment in Canadian tort law

Lewis Klar

Contributory negligence and professional negligence : an empirical perspective

James Goudkamp and Donal Nolan

Allocating the costs of making restitution : change of position

Ross Grantham

Certainty in calculating monetary remedies for breach of fiduciary duty

Simone Degeling

Contribution among wrongdoers : reducing the risk of contribution recovery shortfall and other issues

David Cheifetz

Reforming a reform : why has it been so hard to reform proportionate liability reforms?

Barbara McDonald

Causation and proportional recovery

Rob Merkin and Jenny Steele xx

Justice between defendants : a New Zealand note on (non) law reform

Geoff McLay.

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509917525

1509917527

9781509917518

1509917519

9781509917495

1509917497

OCLC:

1057742220