LAW203 Lecture Notes - Lecture 12: Vicarious Liability, Common Purpose, Independent Contractor

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAW203
• Professor: Caitriona McCabe

Document Summary

Week 12 concurrent liability and negligence defences. Vicarious liability in the course of employment. Concurrent liability in tort and contract (single def) eg professional services. Multiple defs - one of two or more persons whose acts or omissions caused the damage or loss that is the subject of the claim": reinhold v nsw lotteries (no 2) [2008] Pl can sue one or more defs can join other defs eg mahoney v kruschich, chapman v h. Apportionment legislation law reform (miscell prov) act 1965 (nsw) betw defs but also betw pl and def - see contrib neg defence lr (mp) act s 9 (wk 13 lecture) Cla pt 4 - proportionate liability for def"s own share (only) of damage arising from failure to take reas care based on what is just" - cf c/l joint and several liability. Property damage and econ loss only not personal injury - cla (nsw) s 34 (1)(a)