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Multi-Party Disputes: Equities Between Concurrent Tortfeasors
Author(s) -
Elizabeth Adjin-Tetley
Publication year - 2016
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr446
Subject(s) - apportionment , plaintiff , joint and several liability , liability , statute , legislation , law and economics , injustice , business , indemnity , law , tort , political science , economics , actuarial science
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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