LECTURE 12:

Question 1

Successive actions against persons liable (jointly or otherwise) for the same damage

Answer 1

If more than one action is brought in respect of any damage by or on behalf of the person by whom it was suffered against persons liable in respect of the damage (whether jointly or otherwise) the plaintiff shall not be entitled to costs in any of those actions, other than that in which judgment is first given, unless the court is of the opinion that there was reasonable ground for bringing the action.

Question 2

on what basis does the judge decide of how much contribution should be made?

Answer 2

needs to be a just and equitable outcome…

TWO VARIABLES:

1. comparative blameworthiness
2. causative potency: equal shares/more one than another.

Question 3

contributory negligence?

Answer 3

• where C contributed to their own loss due to their own negligence

Question 4

CN: ‘Fault’

Answer 4

within the Law Reform (cn) Act 1945

it means negligence/breach/omission that gives rise to liability

Question 5

duty?

Answer 5

there is a NO duty element… i.e. don’t need to ask whether the C owes a duty to D

STATED: Davies V Swan Motor Co