Contents

Chapter 4
Partial reform options

Introduction

4.1As indicated in Chapter 3, we do not recommend a change to proportionate liability. There are strong reasons in principle and in practice to prefer joint and several liability as the general rule for loss allocation in civil litigation. However, in the course of this review we have also considered the merits of a variety of different partial reform options. This chapter describes the partial reforms considered. The options include hybrids that combine some elements of joint and several liability and some elements of proportionate liability, liability caps limiting the total damage recoverable, and options for allocating an unrecoverable share.