Fault and Equity: Implied Indemnity After <em>Houdaille</em>

Chesrow, George W., Howard, Roger B. & Howard, Jean G.

Journal: University of Miami Law Review

Volume: 34

First Page: 727

Year: 1980

Bluebook Citation: 34 U. MIAMI L. REV. 727 (1980)

Author: Jean G. Howard: all 2 publications


Abstract

This article examines the doctrine of implied indemnity in light of the recent decision of the Supreme Court of Florida in Houdaille Industries, Inc. v. Edwards. The authors discuss the meaning of "fault" and "no fault" in terms of the mechanisms of accident law, develop three models for allocating accident losses, and evaluate the change in accident law introduced in Houdaille, concluding that the court achieved conceptual consistency at the expense of equity.

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