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Contribution Claims

Author : Benjamin Liu
Publisher :
Page : 0 pages
File Size : 35,59 MB
Release : 2017
Category :
ISBN :

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It is trite law that if a person (B) is liable to any damage suffered by another person (A), B may recover contribution from a third person (C) if C is liable in respect of the same damage. Broadly speaking, two approaches have surfaced in the application of this rule. The first one is a narrow approach, requiring that B and C are subject to a common liability to A before a contribution claim arises. Under this approach, the liabilities of B and C need to be “of the same nature and extent so as to be coordinate and amenable to a contribution award”. The second approach is a broad approach, the only requirement being that B and C are liable for the same damage without any additional overlay. The battle of these two approaches has given rise to some sharply divided judgments, the most recent example being Hotchin v New Zealand Guardian Trust Co Ltd, a decision of the New Zealand Supreme Court. In Hotchin, Glazebrook J, Elias CJ and William Young J preferred the broad approach, whilst Arnold and O'Regan JJ favoured the narrow approach.

Claims for Contribution and Reimbursement in an International Context

Author : Koji Takahashi
Publisher : OUP Oxford
Page : 360 pages
File Size : 48,76 MB
Release : 2000
Category : Language Arts & Disciplines
ISBN : 9780198268963

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This book systematically examines claims for contribution and reimbursement in an international context. As such claims are often made in third party proceedings, particularly detailed analyses are given to the conflict-of-laws dimensions of third party procedure.

Review of the Law of Negligence

Author : Australia. Review into the Law of Negligence
Publisher :
Page : 96 pages
File Size : 38,19 MB
Release : 2002
Category : Liability (Law)
ISBN : 9780642741653

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Review of the law of negligence: September 2002 report: cat no. 0215864.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 38,21 MB
Release : 2007
Category : Law
ISBN : 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.