Apportionment in private law / edited by Kit Barker and Ross Grantham.
2019
K958 .A67 2019 (Mapit)
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Details
Title
Apportionment in private law / edited by Kit Barker and Ross Grantham.
Added Author
Imprint
Oxford, UK ; Portland, Oregon : Hart Publishing, 2019.
Description
xxxii, 352 pages : illustrations ; 24 cm.
Series
Hart studies in private law.
Formatted Contents Note
Apportionment in private law : nothing, all, or something in between? / Kit Barker
Allocating liability among multiple responsible causes: 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 independent 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
Justice between defendants : a New Zealand note on (non) law reform / Geoff McLay.
Allocating liability among multiple responsible causes: 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 independent 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
Justice between defendants : a New Zealand note on (non) law reform / Geoff McLay.
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Apportionment in private law Oxford, UK ; Portland, Oregon : Hart Publishing, 2018
Call Number
K958 .A67 2019
Language
English
ISBN
9781509917501 (hardback)
9781509917518 (ePDF)
9781509917495 (ePub)
1509917500
9781509917518 (ePDF)
9781509917495 (ePub)
1509917500
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