Chapter 7
Other jurisdictions


7.26The experience of other common law countries shows that there is no consensus in the best way to approach joint and several liability. Each jurisdiction examined is attempting to find the most equitable and efficient balance of burdens between the defendant and plaintiff, in light of the law of causation and the broader social context.

Q26 Are any of the liability models used in other jurisdictions discussed in this chapter preferable to the current system of joint and several liability in New Zealand? If so, why? And if not, why not?