SQE Daily.

Mesothelioma and multiple employers: joint and several liability (Compensation Act 2006 s.3)

Terence worked as a lagger for three companies in England. Each negligently exposed him to asbestos: Allbright Ltd for 10 years, Brennan Ltd for 5 years and Castell Ltd for 5 years. He has now been diagnosed with mesothelioma. Because of the nature of the disease, it is impossible to say which exposure caused it. All three companies are still trading. Terence sues only Brennan Ltd, and it is accepted that Brennan Ltd is liable in tort because its exposure materially increased the risk of his illness.

Which of the following best describes Brennan Ltd's liability to Terence?

Choose one answer to see the reasoning.

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