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Where am I now? Lawlink > Law Reform Commission > Publications > Glossary of Terms and Abbreviations

Discussion Paper 38 (1997) - Contribution Between Persons Liable for the Same Damage

Glossary of Terms and Abbreviations

History of this Reference (Digest)

Civil wrong

a wrong other than a crime.

Concurrent liability

occurs where a defendant’s liability to a plaintiff can be placed, at least potentially, on more than one of the bases of tort, breach of contract, breach of an equitable obligation or breach of a statutory obligation.

Concurrent wrongdoer

one of two or more wrongdoers (joint wrongdoers and/or several wrongdoers) whose acts concur to produce a single damage to a plaintiff under the same head of liability.22

D1

the defendant claiming contribution (from D2).

D2

the person from whom contribution is sought (by D1).

Joint wrongdoers

one of two or more wrongdoers who produce, by what is taken by law to be the same act, a single damage to a plaintiff.

Joint and several liability

a synonym for “solidary liability”.

Mixed concurrent wrongdoer

one of two or more wrongdoers (joint wrongdoers and/or several wrongdoers) whose acts concur to produce a single damage to a plaintiff under more than one head of liability.

P

the plaintiff.

Several wrongdoers

one of two or more wrongdoers who produce, by independent acts, a single damage to a plaintiff.

Solidary liability

describes a situation where, of two or more concurrent wrongdoers, each is liable severally and all are liable jointly to an injured person and that injured person may choose to sue each wrongdoer separately or any number jointly and also may choose to recover full compensation from any one of the wrongdoers against whom judgment is entered.

Tort

a civil wrong usually resulting in a defendant’s liability in damages.

Tortfeasor

a wrongdoer whose liability is grounded in tort; the perpetrator of a tort.

Wrong

a crime, tort, breach of contract, breach of trust or other equitable obligation, or breach of statutory obligation.

Wrongdoer

a person who commits a wrong.

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