LRC Reports

Shared Liability (1986)

Keywords: joint; several; vicarious; liability; apportionment; wrongdoer; contributory negligence; costs; settlement; trust; contract; duty of care; breach; Uniform Contributory Fault Act; tortfeasor; concurrent; indemnity; last clear chance; contribution

When two or more persons share liability to another, difficult procedural and substantive issues may arise. How is liability to be apportioned between the liable persons? What rights of contribution or indemnity should they have? Many problems flow from a distinction that the law makes between “joint liability” and “joint and several liability.” This project considers whether to retain this distinction in law. It also considers whether British Columbia should adopt the Uniform Contributory Fault Act.

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