Tutorial 8 PEL defective structures and products; multiple wrongdoers - proportionate liability. Background reading: See outline for Topics 13 and 14. Questions 1. There are further developments in question 3 from Tutorial 7. In a preliminary hearing a court holds that Cottonweed Lid is liable for the claim made by the Abattoir, but adjourns the case until submissions can be made on damages. By now Cottonweed Lid has completed its own investigation and discovers that the cotton producer, Georgia Pty Ltd, which had supplied it with the husks, had also been negligent in not carrying out the usual testing for pesticide residue. Cottonweed Ltd asks you about the impact this discovery has on its own liability and rights in respect of the Abattoir's claim. Would your answer differ if the contract between Cottonweed Lid and Georgia Pty Ltd included an indemnity against all losses and liability arising out of the use of the husks? Would your answer differ if Cottonweed had settled the Abattoir's claims before the preliminary hearing in order to avoid damage to its commercial reputation