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| Forskning - Avslutade avhandlingsprojekt - Spikblad |
| Flera skadeståndsskyldiga / Joint and Several Torts | | Författare: | Bill Dufwa | | Disputationsdatum: | 1994-10-27 | | Förlag: | Juristförlaget Stockholm | | Utgivningsår: | 1994 | | Omfång: | 2189 sid (3 volymer) | | Språk: | | | ISBN | 91-7598-5470 | | Abstract | Traditional tort law is based on the single case, where there is only one wrongdoer. Nevertheless, the rules that apply when concurrent tortfeasors are liable play a very important practical as well as theoretical role and should therefore be given greater attention than has hitherto been customary.
These rules can be divided into three sections: conditions of liability, form of liability (e.g.: full liability of each tortfeasor) and contribution between the liable tortfeasors. This legal study is an analysis of the construction of these rules and of the question of the relationship between the three sections of rules. The study mainly concerns the position of the rules of concurrent torts in tort law, but it also deals with their position in the law of obligation in general and their relationship to the criminal law rules governing complicity.
The rules relating to vicarious liability are often treated in a uniform way, but the other rules concerning joint and several torts are deeply divided. This study recommends a more comprehensive approach when the rules relating to concurrent tortfeasors have to be applied. All the three sections of rules (cf. supra) ought to be applied at the same time if possible. The tendency, noticeable in Swedish tort law, of expanding the circle of liable tortfeasors can prove expensive for society on the whole because of the costs that are related to contribution actions. A better solution can be brought about by channeling liability. A liability that is directly apportioned between the tortfeasors could in some cases be a substitute for the full liability a tortfeasor usually is faced with for damage done by all. Regard must always be taken, however, to the existence of insurances. |
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