Apportionment in Private Law

ISBN-13: 9781509917501 / Angielski / Twarda / 2018 / 392 str.

Kit Barker; Ross Grantham

Spis treści

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