Example sentences of "[prep] [noun sg] [prep] the same damage " in BNC.
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| 1 | Held , dismissing the appeal , that the liability imposed under section 1(1) of the Act of 1978 was intended by Parliament , by virtue of section 6(1) of the Act , to enable claims for contribution to be made as between parties who had no claim for contribution under the general law , and applied whenever a plaintiff had a cause of action against a third party in respect of the same damage as gave rise to his cause of action against the defendant , irrespective of the legal basis of the liability ; and that , accordingly , the defence of ex turpi causa non oritur actio could not be relied upon in answer to a claim for contribution under the Act ; and that , since there was sufficient possibility of the third party being found liable for some part of the plaintiffs ' loss , there were no grounds for striking out the third party notice ( post , pp. 1022H — 1023A , G–H , 1024G — 1025D ) . |
| 2 | Before the master the attack on the third party notice was , I understand , based on somewhat technical issues , such as the want of particularity in the allegations made against the third party , the fact that there is no assertion that he was part of the conspiracy in which the third defendant is said to have joined and an argument that the third defendant and the third party are not on any view liable to the plaintiffs in respect of the same damage , so that the case is not within section 1(1) of the Civil Liability ( Contribution ) Act 1978 , which I shall mention in some detail later . |
| 3 | Moreover it is difficult , if not impossible , to determine whether the third defendant and the third party are liable in respect of the same damage until there has been a trial in order to determine what , if any , damage they are each liable for . |
| 4 | ‘ 1(1) Subject to the following provisions of this section , any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage ( whether jointly with him or otherwise ) . … |
| 5 | What the third defendant is asserting is a statutory cause of action under the Act of 1978 , the only necessary ingredients of which are that a person or persons , namely the plaintiffs , have against the third party a cause of action in respect of the same damage as gives rise to that person or person 's cause of action against the third defendant . |
| 6 | The Act of 1978 extends the potential for contribution beyond joint tortfeasors to joint contractors , joint trustees and others who are liable in respect of the same damage . |
| 7 | It should be noted that notwithstanding any risk allocations that may ( or may not ) be agreed in a separate Deed of Contribution , the Civil Liability ( Contribution ) Act 1978 provides that any person liable in respect of damage suffered by another person may recover contributions from all the persons liable in respect of the same damage ( whether jointly with him or otherwise ) . |