LAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Apportionment of liability in case of contributory negligence

   4   Saving for Maritime Conventions Act, 1911, and past cases

 

THE LAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT

[Date of Commencement: 28th December, 1951]

Cap 213.

1   Short title

   This Act may be cited as the Law Reform (Contributory Negligence) Act.

2   Interpretation

   In this Act-

   "court" means, in relation to any claim, the Court or arbitrator by or before whom the claim falls to be determined;

   "damage" includes personal injury;

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   "dependant" means any person for whose benefit an action could be brought under the Fatal Accidents Act;

   "fault" means negligence, breach of statutory duty of other act or omission which gives rise to a liability in tort or would, apart from this Act, give rise to the defence of contributory negligence.

3   Apportionment of liability in case of contributory negligence

   (1) Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the Court thinks just and equitable having regard to the claimant's share in the responsibility for the damage:

   Provided that-

   (a)    this subsection shall not operate to defeat any defence arising under a contract;

   (b)   where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this subsection shall not exceed the maximum limit so applicable.

   (2) Where damages are recoverable by any person by virtue of subsection (1) subject to such reduction as is therein mentioned, the Court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.

   (3) Section 3 of the Law Reform (Tort-Feasors) Act, (which relates to proceedings against, and contribution between, joint and several tort-feasors), shall apply in any ease where two or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (1) in respect of the damage suffered by any person.

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