We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

CHAPTER 17 Claims under the Civil Liability (Contribution) Act 1978

Remedies in Construction Law

Page 247


Claims under the Civil Liability (Contribution) Act 1978

Claims under the Civil Liability (Contribution) Act 1978

17.1 The Civil Liability (Contribution) Act 1978 was passed so that one party liable to a claimant in respect of damage suffered by that claimant could recover a contribution from any other party liable in respect of the same damage.1 The law had for many centuries recognised the existence of situations in which, if B is called upon to discharge a legal obligation owed to A, fairness demands that B should be entitled to claim a contribution from other parties subject with him to that obligation. Thus a rule first developed to cover parties to a common maritime adventure was over time extended to cover co-sureties, co-trustees, co-contractors, partners, co-insurers, co-mortgagors, co-directors and co-owners. “The common link between all these situations was the obvious justice of requiring that a common liability should be shared between those liable.”2

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click login button.