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PART_A_DUTY_OF_CARE

6 contribution and indemnity between tortfeasors

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6. Contribution and Indemnity between Tortfeasors Sometimes a plaintiff’s injuries will be caused by two separate parties- such as Chapman v Hearse where the doctor was hit after stopping to help someone. In that case the negligent driving of the first party caused the doctor to get out of the case, and the negligent driving of the second caused him to be hit. As discussed in causation, in such a situation the plaintiff can opt to sue one of the defendants, and receive the full amount from them. However, if this happens, the court recognises that it is unfair on that defendant, and in s.32B (1) Wrongs Act parliament recognises that the defendant who has been recovered from can gain contribution from the other defendant in respect of the same damage. In effect, this requires that the first defendant established the second defendant’s liability in torts. So, the defence is reliant on the fact that there was no intervening act because if there is a NAI, only the person who did that act could be liable. In relation to the amount recoverable, s.24(2) states that in proceedings under s.23(b) the amount recoverable is such that the judge considers just and equitable, having regard to each party’s extent of responsibility for the damage. This is similar to the situation in contributory negligence. * * *
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A good Samaritan will be protected from a civil liability even where they caused the accident or emergency through their own act or omission s 31B Wrongs Act 31A Definition In this Part, injury means personal or bodily injury and includes— (a) pre-natal injury; and (b) psychological or psychiatric injury; and (c) disease; and (d) aggravation, acceleration or recurrence of an injury or disease. 31B Protection of good samaritans (1) A good samaritan is an individual who provides assistance, advice or care to another person in relation to an emergency or accident in circumstances in which— (a) he or she expects no money or other financial reward for providing the assistance, advice or care; and (b) as a result of the emergency or accident the person to whom, or in relation to whom, the assistance, advice or care is provided is at risk of death or injury, is injured, is apparently at risk of death or injury, or is apparently injured. (2) A good samaritan is not liable in any civil proceeding for anything done, or not done, by him or her in good faith (a) in providing assistance, advice or care at the scene of the emergency or accident; or (b) in providing advice by telephone or by another means of communication to a person at the scene of the emergency or accident. (3) Subsection (2) applies even if the emergency or accident was caused by an act or omission of the good samaritan. (4)
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6 Contribution and Indemnity between Tortfeasors Sometimes...

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