2011•Murdoch Research Repository (Murdoch University)Requires access
(Dis)Proportionate liability: A critical analysis of Australia's proportionate liability regimes
Clive Hutcheon
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Abstract
Proportionate liability has been enacted throughout Australia1 with the objective of limiting a defendant's liability to an amount that represents their role in causing the plaintiff's loss or damage. For some this was a 'laudable idea' 2 that would create parity between community notions of personal responsibility and legal liability. 3 However, the reality is that proportionate liability is exceedingly harsh on plaintiffs and is deeply flawed conceptually…