TERMIUM Plus®

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ALLOCATION LOSS [1 record]

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Record 1 2015-09-29

English

Subject field(s)
  • Tort Law (common law)
  • Law of Contracts (common law)
CONT

The Court ... concluded that under equitable indemnity, a tortfeasor can obtain indemnity on a comparative fault basis from other concurrent tortfeasors. These principles apply to strict liability, as well as to negligence liability. This Court felt that indemnity should only be allowed on a comparative fault basis. Thus, that principle, rather than joint and several liability, should control the apportionment of loss among joint tortfeasors in a strict liability situation.

French

Domaine(s)
  • Droit des délits (common law)
  • Droit des contrats (common law)

Spanish

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