Multi-Party Disputes: Equities Between Concurrent Tortfeasors

Authors

  • Elizabeth Adjin-Tetley Professor and Associate Dean, Administration and Research, Faculty of Law, University of Victoria.

DOI:

https://doi.org/10.29173/alr446

Abstract

A several concurrent tortfeasor that satisfies a plaintiff’s entire damage under liability in solidum will pay more than their fair share of the plaintiff’s loss. Apportionment legislation attempts to remedy this injustice through contribution and indemnity from other concurrent tortfeasors. However, the unsatisfactory wording of apportionment statutes offers no clear direction on who is entitled to contribution and against whom such a claim can be made. In practice, this can result in unfairness to the paying tortfeasor. This article explores some of the issues arising from joint liability of concurrent tortfeasors and proposes three main areas of reform to ensure fairness between concurrent tortfeasors liable for the same damage.

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Published

2016-09-24

Issue

Vol 53, No 4: Special Issue: Tort Law

Section

Articles

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