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CHAPTER 17 Claims under the Civil Liability (Contribution) Act 1978

Remedies in Construction Law

Page 247 CHAPTER 17 Claims under the Civil Liability (Contribution) Act 1978 Claims under the Civil Liability (Contribution) Act 1978 17.1 The Civil Liability (Contribution) Act 1978 was passed so that one party liable to a claimant in respect of damage suffered by that claimant could recover a contribution from any other party liable in respect of the same damage. 1 The law had for many centuries recognised the existence of situations in which, if B is called upon to discharge a legal obligation owed to A, fairness demands that B should be entitled to claim a contribution from other parties subject with him to that obligation. Thus a rule first developed to cover parties to a common maritime adventure was over time extended to cover co-sureties, co-trustees, co-contractors, partners, co-insurers, co-mortgagors, co-directors and co-owners. “The common link between all these situations was the obvious justice of requiring that a common liability should be shared between those liable.” 2

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