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Apportionment in Private Law PDF Author: Kit Barker
Publisher:
ISBN: 9781509917525
Category : Correality and solidarity
Languages : en
Pages :

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Book Description
"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"--

Apportionment in Private Law

Apportionment in Private Law PDF Author: Kit Barker
Publisher:
ISBN: 9781509917525
Category : Correality and solidarity
Languages : en
Pages :

View

Book Description
"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"--

Apportionment in Private Law

Apportionment in Private Law PDF Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509917519
Category : Law
Languages : en
Pages : 336

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Book Description
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.

North Carolina Reports

North Carolina Reports PDF Author: North Carolina. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages :

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Book Description
Cases argued and determined in the Supreme Court of North Carolina.

Private Laws of the State of North-Carolina Passed by the General Assembly

Private Laws of the State of North-Carolina Passed by the General Assembly PDF Author: North Carolina
Publisher:
ISBN:
Category : Session laws
Languages : en
Pages :

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Materials for the Study of Private Law in Old Japan: part V. Property:; civil customs

Materials for the Study of Private Law in Old Japan: part V. Property:; civil customs PDF Author: John Henry Wigmore
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages :

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The Modern Legal Philosophy Series...

The Modern Legal Philosophy Series... PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

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The Law Times Reports of Cases Decided in the House of Lords, the Privy Council, the Court of Appeal ... [new Series].

The Law Times Reports of Cases Decided in the House of Lords, the Privy Council, the Court of Appeal ... [new Series]. PDF Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages :

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Local Government Law and Legislation

Local Government Law and Legislation PDF Author: William Henry Dumsday
Publisher:
ISBN:
Category : Local government
Languages : en
Pages :

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The Goals of Private Law

The Goals of Private Law PDF Author: Andrew Robertson
Publisher: Bloomsbury Publishing
ISBN: 1847317189
Category : Law
Languages : en
Pages : 526

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Book Description
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.

Modern French Legal Philosophy

Modern French Legal Philosophy PDF Author: Alfred Fouillée
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 578

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