Civil Liability Act 2002

This Part applies to the following claims ("apportionable claims"):a claim for economic loss or damage to property in an action for damages (whether in contract, tort or otherwise) arising from a failure to take reasonable care (but not including any claim arising out of personal injury); a claim for economic loss or damage to property in an action for damages under the Australian Consumer Law (Tasmania) for a contravention of section 236 of that Act.

In this Part – concurrent wrongdoer, in relation to a claim, means a person who is one of two or more persons whose act or omission caused, independently of each other or jointly, the damage or loss that is the subject of the claim; excluded concurrent wrongdoer means a concurrent wrongdoer referred to in subsection (5)(a) or (b).

For the purpose of this Part, apportionable claims are limited to those claims specified in subsection (1).

For the purpose of this Part it does not matter that a concurrent wrongdoer is insolvent, is being wound up or has ceased to exist or died.

Nothing in this Part operates to limit the liability of a concurrent wrongdoer in proceedings involving an apportionable claim if – the concurrent wrongdoer intended to cause the economic loss or damage to property that is the subject of the claim; or the concurrent wrongdoer fraudulently caused the economic loss or damage to property that is the subject of the claim.

The liability of an excluded concurrent wrongdoer is to be determined in accordance with the legal rules, if any, that (apart from this Part) are relevant.

The liability of any other concurrent wrongdoer who is not an excluded concurrent wrongdoer is to be determined in accordance with the provisions of this Part.

This Part does not apply to civil liability that is excluded from the operation of this Part by section 3B.

For the purpose of this Part, there is a single apportionable claim in proceedings in respect of the same loss or damage even if the claim for the loss or damage is based on more than one cause of action (whether or not of the same or a different kind).