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Apportionment in Private Law

Apportionment in Private Law

Author: Kit Barker; Ross Grantham
Publisher: Hart Publishing
ISBN: 9781509917501

Published In: December 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509944941

List Price: HKD 1,430.00

HKD 1,387.10 Save HKD 42.90 (3%)

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Description
Contents

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The aim of this collection of essays is to investigate the way in which the civil law engages in the sharing and apportionment of liability flowing from events for which more than one party is provably responsible.

Included within the field of inquiry are a variety of doctrines, processes and defences which have the effect of sharing liability as between plaintiffs and defendants, on the one hand; and as between several different defendants responsible for the same event, on the other.

The doctrines examined include both liability 'inception doctrines', which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, legal doctrines that operate to distribute the liabilities and responsibilities so created. These doctrines include doctrines of contributory negligence, joint and several 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 book states and critiques distributive rules in each of the main common law jurisdictions in which they currently operate - the UK, USA, Canada, Australia and New Zealand. It aims both to explicate the main rules and trends in these jurisdictions and offer critical insights thereon from a number of different perspectives - historical, comparative, doctrinal and theoretical.

PART I

FRAMEWORKS, ETHICS AND POLITICS

1. Apportionment in Private Law: Nothing, All, or Something in Between?

Kit Barker

2. Allocating Liability Among Multiple Responsible Causes: Principles, Rhetoric and Power

Richard W Wright

3. Full, No, or Partial Liability? That is the Question – Some Answers from a Civilian Perspective

Helmut Koziol

PART II

ORIGINATING DOCTRINES

4. Vicarious Liability: A Pailful of Slops and Other Hazards

Warren Swain