요약
The Civil Liability (Contribution) Act 1978 governs the right of a person who is liable for damage to recover a contribution from anyone else who is liable for the same damage. It replaced and widened the contribution provisions of the Law Reform (Married Women and Tortfeasors) Act 1935: under s.1 any person liable in respect of damage can recover contribution from any other person liable for the same damage 'whatever the legal basis of his liability' — whether in tort, breach of contract, breach of trust, or otherwise. Under s.2 the amount of contribution is whatever the court finds just and equitable having regard to the extent of each person's responsibility, and can range from a complete indemnity to a nil contribution. Contribution claims carry a two-year limitation period (Limitation Act 1980, s.10) running from the judgment or settlement that fixed the claimant's own liability.
핵심 포인트
- Any person liable for damage may recover contribution from any other person liable for the same damage (s.1)
- Liability counts 'whatever its legal basis' — tort, breach of contract, breach of trust, or otherwise (s.6)
- The amount of contribution is what the court finds just and equitable, having regard to each party's responsibility (s.2)
- Contribution may amount to a complete indemnity, or may be reduced to nothing
- Two-year limitation period for contribution claims (Limitation Act 1980 s.10) from the judgment or settlement