Question

2. What is meant by proportionate liability? Contrast this legal doctrine with the doctrine of joint and several liability.

Answer 1

Proportionate liability is where each defendant is liable solely for the portion of the damages that correspond to the percentage of responsibility of that defendant. Proportionate liability means instead of being jointly and severally liable for a plaintiff's loss, defendants are only liable for their proportion of loss or damage.

• Under the doctrine of joint and several liability, each defendant is held fully liable for all assessed damages, regardless of the extent to which they contributed to the injury.