Concurrent Liability: Which Way to Jump?

Abstract

Since the High Court decision in Astley v Austrust Limited (Astley), much has been written as to the manner in which apportionment of liability may nonetheless be achieved in actions where there is alleged concurrent liability in contract and tort on the part of the defendant and some fault on the part of the plaintiff. Also during this period, a number of cases involving concurrent liability and contributory negligence have been decided. Some of these decisions shed light on the effectiveness and practicality of the various responses to the ramifications of Astley and contribute to the debate as to whether apportionment of liability may nonetheless be practically achieved.