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APPORTIONMENT IN PRIVATE LAW

Barker Kit

Oprawa:
TWARDA

Wydawca:
Bloomsbury Publishing (UK)

ISBN:
9781509917501

446,25 PLN
Wysyłamy w 21 dni

Opis produktu

Kit Barker is Professor of Law at the TC Beirne School of Law The University of Queensland.Photograph ę The University of Queensland 2016Ross Grantham is Professor of Commercial Law at the TC Beirne School of Law The University of Queensland.Photograph ę The University of Queensland 2016An original collection of essays exploring how the law apportions liability flowing from events for which more than one party is responsible a scenario which might apply in a small claim or the most complex international litigation.Examines the UK USA Canada and Australia and offers historical comparative doctrinal and theoretical analysis of the law.Of interest to scholars and practising lawyers across civil law including tort contract trusts and property.Kit Barker is Professor of Law and Ross Grantham is Professor of Commercial Law both at the TC Beirne School of Law University of Queensland Australia.This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants on the one hand and between multiple defendants on the other. The doctrines examined include those śoriginating doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability): and more centrally those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence joint and several (solidary) liability contribution reimbursement and śproportionate liability as well as defences and principles of equitable śallowance that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause or timing of a particular loss is hard to determine.The contributions to this volume offer important perspectives on the law in the UK USA Canada Australia and New Zealand as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives historical comparative empirical doctrinal and philosophical.An original collection of essays exploring how the law apportions liability flowing from events for which more than one party is responsible a scenario which might apply in a small claim or the most complex international litigation. In so doing it examines the UK USA Canada and Australia and offers historical comparative doctrinal and theoretical analysis of the law.PART IFRAMEWORKS ETHICS AND POLITICS1. Apportionment in Private Law: Nothing All or Something in Between? Kit Barker2. Allocating Liability Among Multiple Responsible Causes: Principles Rheto

Wymiary: 234 mm 156 mm 716 gr

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