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24 Jul 2021, 11:51 am
When we consider the procedural aversion to joinder of claims, and the limited range of “joint and several” liability at common law, there was often a much greater role for apportionment in the common law of tort.[2] Although there have been statutory reforms in some states, which have facilitated apportionments of fault and causation, tort law in the 20th century saw a steady march away from causal apportionments. [read post]
