Causation and Apportionment of Damages in Cases of Divisible Injury

Research output: Contribution to journalArticlepeer-review

Abstract

This article argues that in cases where a defender has caused a portion of a divisible injury or disease (such as asbestosis), such defender should be liable only for an equivalent portion of the damages due to the pursuer. Judicial insistence that such a defender be liable in solidum for the whole of the loss is unprincipled and unjust.
Original languageEnglish
Pages (from-to)99-105
Number of pages6
JournalEdinburgh Law Review
Volume12
DOIs
Publication statusPublished - 2008

Keywords

  • damages, causation, apportionment, injury, divisible, indivisible, delict

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