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Where am I now? Lawlink > Law Reform Commission > Publications > Discussion Paper 38 (1997) - Contribution Between Persons Liable for the Same Damage
Discussion Paper 38 (1997) - Contribution Between Persons Liable for the Same Damage Table of Contents Terms of reference 1. INTRODUCTION
Several wrongdoers GLOSSARY OF TERMS AND ABBREVIATIONS 2. SOLIDARY LIABILITY
Arguments against solidary liability Arguments against proportionate liability The Commission’s conclusions in the Interim Report THE DAVIS REPORT Basis for the principal recommendation Options considered Evaluation of the Davis Report THE COMMISSION’S VIEW 3. RATIONALE FOR CONTRIBUTION 4. CONTRIBUTION BETWEEN CONCURRENT TORTFEASORS
Where P obtains judgment against D1
Consent judgments obtained by fraud or collusion Where D1 and P settle without judgment Full settlements Partial settlements
Where P’s action against D2 is time barred Where P fails for want of prosecution Where D2 is found not liable in third party proceedings
RIGHTS OF CONTRIBUTION ARISING OUT OF STATUTORY LIABILITY TO PAY DAMAGES Statutory provision for contribution
Trade practices legislation
EQUITABLE RIGHTS OF CONTRIBUTION 6. CONTRIBUTION BETWEEN MIXED CONCURRENT WRONGDOERS
The plaintiff’s choice of action
Apportionment of liability ARGUMENTS IN FAVOUR OF EXTENSION Where D2 and P have contracted to limit liability
D1’s right to contribution limited by contract between D2 and P Determining the contributable sum THE COMMISSION’S PROVISIONAL VIEW Balancing the rights of the parties Breaches of trust and other fiduciary duties Legislative provisions
PROCEDURES FOR CLAIMING CONTRIBUTION Joinder of actions Initiating a claim for contribution
The Irish approach The Commission’s view SANCTION IN DAMAGES THE DISTINCTION BETWEEN JOINT WRONGDOERS AND SEVERAL WRONGDOERS The judgment bar rule The settlement bar rule Single judgment rule LIMITATION PERIODS Limitation period relevant to the primary cause of action Limitation period for contribution actions |
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