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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Apportionment in Private Law (Paperback)
Loot Price: R1,945
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Apportionment in Private Law (Paperback)
Series: Hart Studies in Private Law
Expected to ship within 10 - 15 working days
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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.
General
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