Apportionment in Private Law

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Professor Kit Barker (University of Queensland, Australia) Ross Grantham (University of Queensland, Australia)

Apportionment in Private Law

Professor Kit Barker (University of Queensland, Australia), Ross Grantham (University of Queensland, Australia)

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English

Hart Publishing
25 February 2021

Comparative law; Contract law; Equity & trusts; Torts Law

Series: Hart Studies in Private Law

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.

Edited by: Professor Kit Barker (University of Queensland Australia), Ross Grantham (University of Queensland, Australia)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 544g
ISBN: 9781509944941
ISBN 10: 150994494X
Series: Hart Studies in Private Law
Pages: 392
Publication Date: 25 February 2021
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Kit Barker is Professor of Law and Ross Grantham is Professor of Commercial Law, both at the TC Beirne School of Law, University of Queensland, Australia.