LAW REFORM (TORT-FEASORS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Proceedings against and contribution between joint and several tort-feasors

   4   Saving

 

THE LAW REFORM (TORT-FEASORS) ACT

[Date of Commencement: 30th December, 1946]

Cap 214.

1   Short title

   This Act may be cited as the Law Reform (Tort-feasors) Act.

2   Interpretation

   In this Act-

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   "parent" and "child" shall have meanings respectively assigned to them by the Fatal Accidents Act;

the reference to "the judgment first given" shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied.

3   Proceedings against and contribution between joint and several tort-feasors

   (1) Where damage is suffered by any person as a result of a tort (whether or not such tort is also a crime)-

   (a)   judgment recovered against any tort-feasor liable in respect of such damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tort-feasor in respect of the same damage;

   (b)   if more than one action is brought in respect of such damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child of such person, against tort-feasors liable in respect of the damage (whether as joint tort-feasors or otherwise) the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the Court is of opinion that there was reasonable ground for bringing the action;

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