Chapter 1
Introduction to the review

Who bears the risk?

1.16As noted above, the issue primarily turns on who is the most appropriate party to bear the risk of non-recovery. Should it be the plaintiff, in which case a proportionate model of liability will be a fairer or efficient method of allocating risk? Should it be the liable defendants, in which case joint and several liability will be an efficient way of allocating risk?

1.17These questions will form the heart of this paper.