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CHAPTER 9 Contribution under common law and its equitable position

Double Insurance and Contribution

Page 207 CHAPTER 9 Contribution under common law and its equitable position 9.1 Contribution under common law and equity The term “common law” has been described as the law that has developed through case law, and differs from statutes. It has been described as the body of rules originally developed by Chancery courts, before the Supreme Court of Judicature Acts 1873 and 1875 came into effect. 1 Lord Mansfield approved the development of parties bringing contribution claims under unjust enrichment, 2 and principles of co-sureties into principles of contribution 3 from Scottish law. 4

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