CHAPTER 21

PROPORTIONATE LIABILITY



What is proportionate liability?



Proportionate liability replaces the common law principle of joint and several liability. Under joint and several liability, where more than one person by negligence causes another to suffer loss, each may be liable for 100% of that loss, irrespective of their individual degree of fault.

Proportionate liability divides responsibility between the various 'concurrent wrongdoers' according to the degree of responsibility of each for the loss. This means that a claimant will only be able to claim a portion of its total loss from each wrongdoer. From a defendant's perspective this is a more equitable outcome.

Proportionate liability is imposed by:

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