Multi-Party Disputes: Equities Between Concurrent Tortfeasors
Date
2016-09-24
Authors
Adjin-Tettey, Elizabeth
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Publisher
Alberta Law Review Society
Abstract
A several concurrent tortfeasor that satisfies a plaintiff’s entire damage under liability in solidum will pay more than their fair share of the plaintiff’s loss. Apportionment legislation attempts to remedy this injustice through contribution and indemnity from other concurrent tortfeasors. However, the unsatisfactory wording of apportionment statutes offers no clear direction on who is entitled to contribution and against whom such a claim can be made. In practice, this can result in unfairness to the paying tortfeasor. This article explores some of the issues arising from joint liability of concurrent tortfeasors and proposes three main areas of reform to ensure fairness between concurrent tortfeasors liable for the same damage.
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Citation
Adjin-Tettey, “Multi-Party Disputes: Equities Between Concurrent Tortfeasors” (2016) 53:4 Alta L Rev 863.