LAW REFORM (CONTRIBUTORY NEGLIGENCE AND JOINT WRONGDOERS) act

Arrangement of Sections

1. Short title.

PART I

CONTRIBUTORY NEGLIGENCE

2. This Part of this Act to have effect subject to section 7.

3. Contributory negligence.

PART II

DELICTS

4. This Part of this Act to have effect subject to section 7.

5. Joint and several liability in delict.

6. Section 5 to apply in particular to liabilities imposed under Part VI of the Motor Traffic Act.

PART III

GENERAL

7. Savings.

8. Interpretation.

12 of 1968.

AN ACT to amend the law relating to Contributory Negligence and Joint Wrongdoers, and to provide for matters connected with, or incidental to, the matters aforesaid.

[Date of Commencement: 17th April, 1968]

1. Short title.

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

PART I

CONTRIBUTORY NEGLIGENCE

2. This Part of this Act to have effect subject to section 7.

The provisions of this Part of this Act, other than this section, shall have effect subject to the provisions of section 7, and accordingly shall be so read, construed and applied.

3. Contributory negligence.

(1) —

(a) where any person suffers damage which is caused partly by his own fault and partly by the fault of any other person, a claim in respect of that damage shall not be defeated by reason only of the fault of the claimant, but the damages recoverable in respect thereof, shall be reduced by the court to such extent as the court may deem just and equitable having regard to the degree in which the claimant was at fault in relation to the damage.

(b) damage shall, for the purpose of paragraph (a) of this subsection, be regarded as having been caused by a person's fault, notwithstanding the fact that any other person had an opportunity of avoiding the consequences, thereof and negligently failed to do so.

(2) where damages are recoverable by any person by virtue of the operation of the provisions 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) Where, in any case to which the provisions of subsection (1) apply, one of the persons at fault avoids liability to any other such person or his personal representative by pleading any written law prescribing the period wherein notice of action should have been given, or limiting the time within which proceedings may be taken, such person shall not be entitled to recover any damages from such other person or his personal representative by virtue of the operation of the provisions of the said subsection.

PART II

DELICTS

4. This Part of this Act to have effect subject to section 7.

The provisions of this Part of this Act, other than this section, shall have effect subject to the provisions of section 7, and accordingly shall be so read, construed and applied.

5. Joint and several liability indelict.

(1) Where it is alleged that two or more persons are jointly or severally, or jointly and severally, liable in delict to any other person (hereinafter referred to as the "plaintiff”) for the same damage, such persons (hereinafter referred to as the "Joint Wrongdoers”) may be sued in the same action.

(2) Notice of any action may at any time be given—

(a) by the plaintiff; or

(b) by any joint wrongdoer who is sued in that action, to any other joint wrongdoer who is not so sued and who may, upon receipt of such notice, intervene as a defendant in that action.

(3) The court may, on the application of the plaintiff or any joint wrongdoer in any action, order that separate trials shall be held, or make such other order on such application as it may consider just and expedient.

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