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Apportionment in Private Law

Edited by: Kit Barker, Ross Grantham

ISBN13: 9781509944941
To be Published: February 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £41.99
Hardback edition , ISBN13 9781509917501



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.

Subjects:
Contract Law, Tort Law
Contents:
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
5. Accessories, Joint or Independent Liability and Apportionment
Joachim Dietrich
PART III: PLAINTIFF-DEFENDANT APPORTIONMENT
6. Contributory Negligence and Apportionment in Canadian Tort Law
Lewis Klar
7. Contributory Negligence and Professional Negligence: An Empirical Perspective
James Goudkamp and Donal Nolan
8. Allocating the Costs of Making Restitution: Change of Position
Ross Grantham
9. Certainty in Calculating Monetary Remedies for Breach of Fiduciary Duty
Simone Degeling
PART IV: APPORTIONMENT BETWEEN DEFENDANTS
10. Contribution Among Wrongdoers: Reducing the Risk of Contribution Recovery Shortfall and Other Issues
David Cheifetz
11. Reforming a Reform: Why Has It Been So Hard to Reform Proportionate Liability Reforms?
Barbara McDonald
12. Causation and Proportional Recovery
Rob Merkin and Jenny Steele
13. Justice Between Defendants: A New Zealand Note on (non) Law Reform
Geoff McLay

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published August 2022
Hart Publishing
£80.00
Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published June 2022
Hart Publishing
£70.00
The Irreducible Core of the Trust ISBN 9781782257172
To be published July 2021
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£60.00
Punishment and Private Law ISBN 9781509939152
To be published June 2021
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£95.00
The Evolution from Strict Liability to Fault in the Law of Torts ISBN 9781509940998
Published February 2021
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£80.00
The Impact of Equity and Restitution in Commerce ISBN 9781509944934
To be published February 2021
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£41.99
Justifying Private Rights ISBN 9781509931958
Published February 2021
Hart Publishing
£80.00
Illegality after Patel v Mirza ISBN 9781509943593
Published October 2020
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£44.99
Unexpected Consequences of Compensation Law ISBN 9781509927999
Published September 2020
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£70.00
Unexpected Consequences of Compensation Law (eBook) ISBN 9781509928002
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A Unified Approach to Contract Interpretation (eBook) ISBN 9781509927586
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A Unified Approach to Contract Interpretation ISBN 9781509927579
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Rationalising Constructive Trusts ISBN 9781509935161
Published January 2020
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£45.00
Reconceptualising Strict Liability for the Tort of Another ISBN 9781509917532
Published November 2019
Hart Publishing
£60.00
Reconceptualising Strict Liability for the Tort of Another (eBook) ISBN 9781509917549
Published November 2019
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£54.00
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Equity, Trusts and Commerce (eBook) ISBN 9781509907304
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£36.00
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Equity, Trusts and Commerce ISBN 9781509932184
Published September 2019
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£40.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509931279
Published August 2019
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Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
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£36.00
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Negligence and Illegality ISBN 9781509929788
Published June 2019
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Private Law and Power ISBN 9781509929726
Published May 2019
Hart Publishing
£40.00
Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781509928880
Published April 2019
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£30.00
£27.00
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Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction ISBN 9781509927531
Published February 2019
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£35.00
A Theory of Tort Liability ISBN 9781509926428
Published December 2018
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£27.99
Apportionment in Private Law ISBN 9781509917501
Published December 2018
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£85.00
The Impact of Equity and Restitution in Commerce (eBook) ISBN 9781509915668
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£37.79
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The Impact of Equity and Restitution in Commerce ISBN 9781509915644
Published November 2018
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£85.00
Evidential Uncertainty in Causation in Negligence ISBN 9781509924486
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Hart Publishing
£28.99
Vicarious Liability: Critique and Reform (eBook) ISBN 9781509920242
Published September 2018
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£31.49
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Vicarious Liability: Critique and Reform ISBN 9781509920235
Published September 2018
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£70.00
Illegality after Patel v Mirza ISBN 9781509912773
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£90.00
Illegality after Patel v Mirza (eBook) ISBN 9781509912780
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Defences in Unjust Enrichment ISBN 9781509921102
Published April 2018
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£41.99
The Duty of Care in Negligence ISBN 9781509914845
Published February 2018
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£60.00
The Duty of Care in Negligence (eBook) ISBN 9781509914869
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£22.50
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Money Awards in Contract Law ISBN 9781509917051
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£28.99
Rationalising Constructive Trusts (eBook) ISBN 9781509917075
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Causation in Negligence ISBN 9781509905034
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Accessory Liability ISBN 9781509914104
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Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
Special offer (limited stock)
£90.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
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Published February 2017
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Negligence and Illegality ISBN 9781509906666
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£65.00
Defences in Unjust Enrichment ISBN 9781849467254
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£90.00
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