Date: Thu, 2 Feb 2006 10:48:08

From: Robert Stevens

Subject: Standard of care in contribution proceedings

I really like Professor Luntz example, but it is slightly different from my hypothetical. Denning says

It would be in the highest degree unjust that the hospital board, by getting inexperienced doctors to perform their duties for them, without adequate supervision, should be able to throw all the responsibility on to those doctors as if they were fully experienced practitioners.

In my hypothetical the chauffeur is not responsible for the learner driver being a learner. In an ideal world, therefore, I'd like an example where there is no prior relationship between the parties.

Putting my cards on the table, it seems to me that a different test of 'fault' ought to apply in the context of contribution from that which applies in the context of liability for negligence. Fault should approximate more closely with moral blameworthiness in the context of contribution, and so a more 'subjective' approach is appropriate.

(In the context of contributory negligence we also, probably, find a different test.)

Robert Stevens
Barrister
University of Oxford

<<<< Previous Message  ~  Index  ~  Next Message >>>>>