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CHAPTER 5 The meaning of contribution

Double Insurance and Contribution

Page 117


The meaning of contribution

5.1 History of contribution?

5.1.1 Common law contribution

Contribution at common law1 claims date as far back as 1380.2 In the early case of Gebhardt v Saunders3 the plaintiff, who was the occupier of the house, sought to recover from the defendants, who were the landlord and owners, for costs and expenses incurred for abating the nuisance which was caused by the structural defect in the drains. The plaintiff had to pay a penalty if there was a default in compliance with the requisitions in the notice issued under s4(1) Public Health (London) Act 1891. Charles J4 stated:

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