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Where am I now? Lawlink > Law Reform Commission > Publications > Index
Report 89 (1999) - Contribution Between Persons Liable for the Same Damage
Index
| Agency | |
| and joint wrongdoers | 1.6 |
| America see United States of America | |
| Apportionment in contribution proceedings | |
| according to what is just and equitable | 2.26, 3.9, 3.31, 4.13, 4.28, 4.49-4.51 |
| sum to be apportioned where judgment | 4.14-4.16, 4.28 |
| sum to be apportioned where full settlement | 4.25-4.29 |
| Assessment of damages | |
| finality of, in contribution proceedings | 4.13-4.16, 4.24 |
| general principles | 2.1 |
| under different regimes | 3.8, 3.16, 4.14, 4.39 |
| Attorney General’s review of tort liability | 1.2, 2.5 |
| Breach of fiduciary duty | 3.11, 3.28 |
| Breach of statutory duty | 3.5, 3.28 |
| British Columbia (Canada) | |
| system of proportionate liability in | 2.28, 2.44, 2.53 |
| Building legislation | 2.33-2.35 |
| trade practices legislation as means of circumventing | 2.54 |
| Capping liability see Limitation of damages | |
| Co-insurers | |
| contribution between | 1.10 |
| Co-sureties | |
| contribution between | 1.10 |
| Co-trustees | |
| contribution between | 1.10 |
| Common action | |
| and joint wrongdoers | 1.6 |
| Concurrent liability | 3.22 |
| effect of, on rights to contribution | 3.11-3.15 |
| - expansion of the tort of negligence | 3.11, 3.15 |
| - plaintiff’s choice of action | 3.14 |
| Concurrent tortfeasors see Concurrent wrongdoers and Contribution between concurrent tortfeasors | |
| Concurrent wrongdoers see also Contribution between concurrent wrongdoers other than tortfeasors and Defendants | |
| distinction between joint wrongdoers and several wrongdoers | 5.8 |
| sanction in damages, and | 5.3-5.7 |
| Contract | |
| choice of plaintiff to proceed under contract or other head of liability | 3.14 |
| circumventing solidary liability by | 2.21, 2.22, 2.70 |
| concurrent liability generally | 3.11, 3.14, 3.15 |
| concurrent liability in tort and contract | 3.12, 3.13 |
| different nature of liability in tort and | 3.9, 3.10 |
| express contractual provisions overriding general contribution regime | 3.30, 3.31 |
| intrusion of tortfeasors into private contractual arrangements | 3.18 |
| need to include in contribution legislation | 1.1 |
| sanction in damages and | 5.5 |
| Contractual limitations of liability | 3.14, 3.18-3.21, 5.5 |
| Contribution see also Contribution between concurrent tortfeasors, Contribution between concurrent wrongdoers other than tortfeasors, and Contribution between mixed concurrent wrongdoers | |
| between co-insurers | 1.10 |
| between co-sureties | 1.10 |
| between co-trustees | 1.10 |
| between concurrent wrongdoers | 1.9 |
| D1’s claim for contribution | 4.1-4.48 |
| - where D1 and P settle without judgment | 4.17-4.37 |
| - where D2 successfully defends an action brought on the merits | 4.40-4.42 |
| - where P fails for want of prosecution | 4.46 |
| - where P fails in an action against D2 | 4.38-4.48 |
| - where D2 is found not liable in 3rd party proceedings | 4.47-4.48 |
| - where P obtains judgment against D1 | 4.5-4.16 |
| - where P’s action against D2 is time barred | 4.43-4.45 |
| definition | 1.11 |
| equitable | 3.31 |
| legislation in New South Wales, need to reform | 1.1 |
| procedures for claiming | 2.45-2.52, 2.56, 3.17, 4.4, 5.26 |
| provided for by contract | 3.30, 3.31 |
| relationship to solidary liability | 2.2, 2.21, 2.66 |
| restitutionary nature | 3.19 |
| statutes which do not provide for | 2.35, 2.54, 3.32, 3.33 |
| wider law of | 1.10 |
| Contribution between concurrent tortfeasors | |
| legislation | 1.15 |
| - need to reform | 1.1 |
| - reason for introduction | 1.13 |
| not available at common law | 1.12 |
| torts to which contribution applies | 3.2-3.6 |
| - intentional torts | 3.4 |
| - torts of strict liability | 3.5, 3.6 |
| - torts that are crimes | 3.3, 3.4 |
| Contribution between concurrent wrongdoers other than tortfeasors | |
| not covered by current legislation | 1.1, 1.16 |
| Contribution between mixed concurrent wrongdoers | 3.7-3.29 |
| benefit of a contractual term limiting liability | 3.18-3.21 |
| - determining the contributable sum | 3.21 |
| difficulties in extending the right to contribution | 3.8-3.17 |
| - adding to the complexity of the law | 3.16-3.17 |
| - different nature of liability in tort and contract | 3.9-3.10 |
| - effect of concurrent liability | 3.11-3.15 |
| extension of judgment bar rule to cover | 5.10, 5.11 |
| legislative implementation | 3.26-3.31 |
| limitation periods | |
| - primary action | 5.20 |
| - contribution | 5.27 |
| not covered by current legislation | 1.16, 3.7 |
| views of other law reform agencies | 3.24 |
| Contributory negligence | |
| analogous to apportionment of liability among defendants | 2.27 |
| contribution where contributory negligence not available | 3.5, 4.14, 4.39 |
| differences from contribution | 2.30 |
| general principles of | 2.22, 2.26, 2.30 |
| not included in current review | 1.1 |
| proportionate liability where plaintiff contributorily negligent | 2.26-2.32 |
| Costs, sanction in see Sanction in costs | |
| Covenant not to sue | 5.12 |
| Damages see Apportionment of damages, Assessment of damages, Exemplary damages, Limitation of damages, Sanction in damages, Statutory liability to pay damages | |
| Davis Report | 2.7, 2.8, 2.17, 2.44, 2.53 |
| evaluation of | 2.8 |
| Defendants | |
| “deep pocket”, targeting of | 2.3, 2.23, 2.64, 2.65, 2.69 |
| insolvent, uninsured or not amenable to jurisdiction | 2.3, 2.17, 2.23, 2.29, 2.58, 2.65, 2.68 |
| proportionate liability for particular defendants | |
| - building industry | 2.33-2.35 |
| - professional groups | 2.36 |
| Discussion Paper (DP 38) | 1.3, 2.8 |
| Dust Diseases Tribunal (NSW) | |
| abolition of settlement bar rule | 5.14 |
| Equitable, just and see Just and equitable | |
| Equitable rights of contribution | 3.31 |
| Equity | |
| concurrent liability | 3.11 |
| Exemplary damages | |
| and single judgment rule | |
| Fiduciary duty see Breach of fiduciary duty | |
| Finality of judgment see Judgment | |
| Full compensation | |
| aim of, to plaintiffs | 2.17, 4.32, 4.34 |
| right of plaintiffs to | 1.13, 2.2, 2.21, 2.22, 4.31, 4.36 |
| In solidum, liability see Solidary liability | |
| Indemnities, releases and see Releases and indemnities | |
| Indemnity | |
| order amounting to full | 4.50 |
| rights of | 3.30, 4.22 |
| Insurance see Liability insurance | |
| Interim Report (LRC 65) | 1.2, 2.5, 2.7, 2.65 |
| Ireland | |
| Civil Liability Act | 2.29, 2.44, 3.24, 4.16, 4.32, 4.44 |
| proportionate liability in | 2.29, 2.44 |
| Joinder of parties | 3.17, 4.4, 5.26 |
| flexibility of, in Australia | 2.56, 2.67 |
| Joint and several liability see Solidary liability | |
| Joint tortfeasors see also Concurrent wrongdoers, Several tortfeasors and Joint wrongdoers | |
| distinction between, and several tortfeasors | 5.8 |
| - abolition of | 1.15 |
| judgment bar rule, and | 5.3, 5.9, 5.10 |
| settlement bar rule, and | 5.12, 5.13 |
| single judgment rule, and | 5.16 |
| Joint wrongdoers see also Several wrongdoers and Joint tortfeasors | 1.4 |
| definition | 1.6 |
| distinction between, and several wrongdoers | 1.4, 1.5, 5.8, 5.9 |
| judgment bar rule, and | 5.9-5.11 |
| settlement bar rule, and | 5.12-5.15 |
| single judgment rule, and | 5.16-5.17 |
| Judgment bar rule | 1.6, 1.7, 5.9-5.11 |
| abolition of | 1.15, 5.3, 5.10, 5.11 |
| Judgments see also Settlements, Single judgment rule, Judgment bar rule | |
| finality of, as to liability against D1 | |
| - consent judgments | 4.9-4.11 |
| - judgments obtained by fraud or collusion | 4.9-4.11 |
| finality of, as to quantum against D2 | 4.13-4.16 |
| in favour of D2, on the merits | 4.40-4.42 |
| Juries | |
| use of, in civil matters | 2.14, 5.4 |
| Just and equitable | |
| apportionment according to what is | 2.26, 3.9, 3.31, 4.13, 4.28, 4.49-4.51 |
| Liability see Apportionment of liability, Concurrent liability, Proportionate liability, Solidary liability | |
| Liability, limitation of see Limitation of damages and Contractual limitations of liability | |
| Liability in solidum see Solidary liability | |
| Liability insurance | |
| compulsory, in conjunction with proportionate liability | 2.33-2.35 |
| crisis in | 2.3, 2.57-2.59 |
| effect of proportionate liability on | 2.61, 2.62 |
| effect of solidary liability on | 2.58-2.60 |
| Limitation of actions | 5.18-5.27 |
| statutory limitation period for contribution actions | 5.23-5.27 |
| statutory limitation period for P’s action against D2 | 4.43-4.45 |
| statutory limitation period relevant to the primary cause of action | 5.19-5.22 |
| Limitation of damages see also Contractual limitation of liability | |
| alternative to proportionate liability | 2.70 |
| trend in New South Wales | 2.18 |
| - motor accidents | 2.18, 4.14 |
| - Professional Standards Act 1994 (NSW) | 2.19 |
| - workers compensation | 2.18 |
| Limited liability partnerships | 2.70 |
| Merryweather v Nixan see Rule in Merryweather v Nixan | |
| Mixed concurrent wrongdoers see Contribution between mixed concurrent wrongdoers | |
| Montana (USA) | |
| reforms to solidary liability | 2.39 |
| Negligence | |
| expansion of tort of | 3.11 |
| Negligence, contributory see Contributory negligence | |
| New South Wales Attorney General see Attorney General’s review of tort liability | |
| New South Wales Law Reform Commission see Interim Report (LRC 65) and Discussion Paper (DP 38) | |
| Plaintiffs see also Full compensation | |
| classification of (for proportionate liability) | 2.11, 2.37 |
| participants in financial transactions | 2.11, 2.22 |
| personal injury, separate treatment of | 2.20 |
| Procedure see also Sanction in damages, Limitation of actions, Single judgment rule, settlement bar rule and judgment bar rule | |
| burden of conduct of proceedings | 2.45-2.47 |
| general procedural issues | 2.48-2.52, 5.1-5.27 |
| joinder of parties | 2.56, 2.67, 3.17, 4.4, 5.26 |
| Professional liability insurance see Liability insurance | |
| Professionals | |
| entry to professions, deterrence of | 2.63 |
| limiting liability of | 2.19 |
| policy considerations concerning liability of | 2.24 |
| Professional Standards Act 1994 (NSW) | 2.19, 2.36, 2.54 |
| proportionate liability for particular | 2.36 |
| Proportionate liability | |
| arguments concerning proportionate liability | 2.15-2.68 |
| - economic issues | 2.57-2.68 |
| - policy issues | 2.16-2.42 |
| - procedural issues | 2.43-2.56 |
| building legislation | 2.33-2.35 |
| calls to introduce | 2.3 |
| conclusions in Davis Report | 2.7 |
| conclusions of New South Wales Law Reform Commission | 2.69-2.71 |
| - in Discussion Paper (DP 38) | 2.8 |
| - in Interim Report (LRC 65) | 2.5 |
| conclusions of New Zealand Law Commission | 2.10 |
| conclusions of Victorian Attorney General’s Law Reform Advisory Council | 2.12 |
| definition | 2.4 |
| effect on liability insurance | 2.61, 2.62 |
| effect on risk averse behaviour | 2.65-2.68 |
| effect on settlements | 2.53 |
| fairness to wrongdoers | 2.23 |
| for non-economic loss in personal injury cases | 2.5 |
| for professional groups | 2.11, 2.12 |
| in British Columbia | 2.28, 2.44, 2.53 |
| in Ireland | 2.29-2.44 |
| in United States | 2.13, 2.14, 2.44 |
| justice for wrongdoers and | 2.24 |
| limited introductions of | 2.25-2.42, 2.71 |
| - Commission’s conclusion concerning | 2.42 |
| - industry specific approach | 2.33-2.36 |
| - judicial discretion | 2.41 |
| - where defendant responsible for less than specified percentage of liability | 2.38-2.40 |
| - where plaintiff contributorily negligent | 2.26-2.32 |
| procedural issues | 2.43-2.56 |
| proposals of Canadian Standing Senate Committee | 2.11 |
| Prosecution see Want of prosecution | |
| Releases and indemnities | 4.37, 5.12 |
| Risk aversion | 2.65-2.68 |
| Rule in Merryweather v Nixan | 1.12-1.15 |
| effect of | 1.13 |
| statutory exceptions | 1.14, 1.15 |
| Sanction in costs | 5.1, 5.2, 5.9 |
| Sanction in damages | 1.15, 5.3-5.7, 5.9 |
| Settlement bar rule | 1.6, 5.12-5.15 |
| abrogation of | 1.15, 5.13, 5.14 |
| Settlements see also Judgments | |
| effect of proportionate liability on | 2.53 |
| effect of solidary liability on | 2.53 |
| effect on claims for contribution | 4.17-4.37 |
| full settlements | 4.18-4.29 |
| partial settlements | 4.18, 4.30-4.37 |
| policy of encouraging | 4.23, 4.28, 4.31, 4.33-4.36, 5.14 |
| Several tortfeasors see also Joint tortfeasors and Several wrongdoers | |
| distinction between, and joint tortfeasors | |
| - abolition of | 1.15, 5.8 |
| judgment bar rule, and | 5.9 |
| Several wrongdoers see also Joint wrongdoers and | |
| Several tortfeasors | |
| definition | 1.7 |
| distinction between, and joint wrongdoers | 1.4, 1.5, 5.8, 5.9 |
| Single judgment rule | 5.16, 5.17 |
| Solidary liability | 2.1-2.71 |
| arguments concerning | 2.15-2.68 |
| - Commission’s conclusion | 2.69-2.71 |
| - economic issues | 2.57-2.68 |
| - policy issues | 2.16-2.42 |
| - procedural issues | 2.43-2.56 |
| Attorney General’s (NSW) review of | 1.2 |
| calls to replace with proportionate liability | 2.3 |
| circumventing by contractual limitations | 2.21, 2.22, 2.70 |
| conclusion of New Zealand Law Commission | 2.10 |
| conclusion of Victorian Attorney General’s Law Reform Advisory Council | 2.12 |
| contractual limitations on | 2.12, 2.22, 2.70 |
| Davis Report | 2.7 |
| deep-pocket defendants, effect on | 2.3, 2.23 |
| definition | 2.2 |
| Discussion Paper, proposals by New South Wales Law Reform Commission | 2.8 |
| effect of, on entrepreneurial enterprise/service provision | 2.64 |
| effect of, on entry to the professions | 2.63 |
| effect of, on liability insurance | 2.58-2.60 |
| effect of, on risk aversion | 2.65-2.68 |
| effect of, on settlements | 2.53 |
| general principle | 1.8 |
| Interim Report on, by NSW Law Reform Commission | 1.2 |
| liability insurance crisis and | 2.58-2.60 |
| modifications of, in United States | 2.13, 2.14 |
| procedural issues | 2.43-2.56 |
| relationship to law of contribution | 1.13 |
| unfairness to wrongdoers | 2.23 |
| Texas (USA) | |
| reform to solidary liability | 2.39 |
| Third party proceedings | |
| where D2 found not liable in | 4.47, 4.48 |
| Time bar see Limitation of actions | |
| Tort see also Contribution between concurrent tortfeasors | |
| concurrent liability | 3.11-3.15 |
| choice of plaintiff to proceed under tort or other head of liability | 3.14 |
| different nature of liability in contract and | 3.9, 3.10 |
| general principles | 2.1, 2.2, 2.21, 2.23 |
| need to re-examine causation, remoteness and proximity | 2.24 |
| Tortfeasors see Contribution between concurrent tortfeasors | |
| Trade practices legislation | |
| contribution not provided for | 2.35, 2.54, 3.32, 3.33 |
| Trust, breach of see Breach of fiduciary duty | 2.19 |
| United States of America | |
| reforms to solidary liability | 2.13, 2.14, 2.39, 2.44 |
| Unjust enrichment | 3.22 |
| Vicarious liability | |
| and joint wrongdoers | 1.6 |
| exempted from Davis reforms | 2.7 |
| Want of prosecution | |
| where P fails for | 4.46 |
| Williams, Glanville | 2.29, 3.24, 4.32, 4.44, 5.22 |
| Wisconsin (USA) | |
| reform to solidary liability | 2.39 |
| Wrongdoers see Concurrent wrongdoers, Joint wrongdoers, Mixed concurrent wrongdoers and Several wrongdoers | |
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