Scribd Logo
Upload

Welcome to Scribd!

  • 59 views

    Law Reform (Contributory Negligence) Act 1945, s.1

    Uploaded by

    Jac Sexton
    This document summarizes Section 1 of the Law Reform (Contributory Negligence) Act 1945. Section 1 establishes that if a person is partially at fault for their own damages, their claim will not be defeated but the damages will be reduced based on their portion of responsibility. It also provides that if one party avoids liability through a statute of limitations, they cannot recover damages or contributions from the other party. Finally, if heard by a jury, the jury will determine total damages and the level of reduction.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Law Reform (Contributory Negligence) Act 1945, s.1

    Uploaded by

    Jac Sexton
    59 views3 pages
    This document summarizes Section 1 of the Law Reform (Contributory Negligence) Act 1945. Section 1 establishes that if a person is partially at fault for their own damages, their claim will not be defeated but the damages will be reduced based on their portion of responsibility. It also provides that if one party avoids liability through a statute of limitations, they cannot recover damages or contributions from the other party. Finally, if heard by a jury, the jury will determine total damages and the level of reduction.

    Original Title

    1. Law Reform (Contributory Negligence) Act 1945, s.1

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document summarizes Section 1 of the Law Reform (Contributory Negligence) Act 1945. Section 1 establishes that if a person is partially at fault for their own damages, their claim will not be defeated but the damages will be reduced based on their portion of responsibility. It also provides that if one party avoids liability through a statute of limitations, they cannot recover damages or contributions from the other party. Finally, if heard by a jury, the jury will determine total damages and the level of reduction.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    59 views3 pages

    Law Reform (Contributory Negligence) Act 1945, s.1

    Uploaded by

    Jac Sexton
    This document summarizes Section 1 of the Law Reform (Contributory Negligence) Act 1945. Section 1 establishes that if a person is partially at fault for their own damages, their claim will not be defeated but the damages will be reduced based on their portion of responsibility. It also provides that if one party avoids liability through a statute of limitations, they cannot recover damages or contributions from the other party. Finally, if heard by a jury, the jury will determine total damages and the level of reduction.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Changes to legislation: Law Reform (Contributory Negligence) Act 1945, Section 1 is up to date with all changes known to be

    in force on or before 25 March 2021. There are changes that may be brought into force at a future date. Changes that have been
    made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

    Law Reform (Contributory


    Negligence) Act 1945
    1945 CHAPTER 28 8 and 9 Geo 6

    1 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 the foregoing subsection
    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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
    (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
    (5) Where, in any case to which subsection (1) of this section applies, one of the persons
    at fault avoids liability to any other such person or his personal representative by
    pleading the M1Limitation Act 1939, or any other enactment limiting the time within
    which proceedings may be taken, he shall not be entitled to recover any damages [F3or
    contributions] from that other person or representative by virtue of the said subsection.
    (6) Where any case to which subsection (1) of this section applies is tried with a jury,
    the jury shall determine the total damages which would have been recoverable if the
    claimant had not been at fault and the extent to which those damages are to be reduced.
    (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
    2 Law Reform (Contributory Negligence) Act 1945 (c. 28)
    Document Generated: 2021-03-25
    Changes to legislation: Law Reform (Contributory Negligence) Act 1945, Section 1 is up to date with all changes known to be
    in force on or before 25 March 2021. There are changes that may be brought into force at a future date. Changes that have been
    made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

    Textual Amendments
    F1 S. 1(3) repealed by Civil Liability (Contribution) Act 1978 (c. 47), Sch. 2
    F2 S. 1(4) repealed by Fatal Accidents Act 1976 (c. 30), Sch. 2
    F3 Words repealed (E.W.) by Civil Liability (Contribution) Act 1978 (c. 47), Sch. 2
    F4 S. 1(7) repealed by Carriage by Air Act 1961 (c. 27), Sch. 2

    Marginal Citations
    M1 1939 c. 21.
    Law Reform (Contributory Negligence) Act 1945 (c. 28) 3
    Document Generated: 2021-03-25

    Changes to legislation:
    Law Reform (Contributory Negligence) Act 1945, Section 1 is up to date with all changes known
    to be in force on or before 25 March 2021. There are changes that may be brought into force
    at a future date. Changes that have been made appear in the content and are referenced with
    annotations.
    View outstanding changes

    Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
    – Act modified by 2018 c. 18 s. 6(3)

    You might also like