A breach of contract claim may be an 'apportionable claim' under s 34(1)(a) of the Civil Liability Act 2002 (NSW) where the court's findings establish that the breach arose from a failure to take reasonable care, regardless of how the claim was pleaded. The nature of a 'claim' for Part 4 purposes is determined by the findings actually made, not the pleadings. The apportionment of responsibility under s 35(1)(a) is governed by the same principles of culpability and causative potency as apply to contributory negligence and tortfeasor contribution. The financial strength, profitability, or status of a party is irrelevant to apportionment, but the retention of profits from wrongdoing may be relevant to the assessment of responsibility.
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