Law Reform (Miscellaneous Provisions) Act


Published: 1957

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Law R d o m (Miscellaneous (CAP. 244
Provisions)

CHAPTER 244

THE LAW REFORM (MISCELLANEOUS
PROVISIONS) ACT

Arrangement of Sections
Section

1. Short title.
2. Apportionment of liabilities in case of contributory

negligence.
3. Savings for Maritime Convention Act, 1911, and past

cases.
4. Abolition of doctrine of common employment.
5. Liability of owner of dog for injury to persons, poultry

and small stock.

LAW REFORM (MISCELLANEOUS PROVISIONS)

(26th October, 1957 .) 1611957.

1. This Act may be cited as the Law Reform short title.
(Miscellaneous Provisions) Act.

2. (1) In this section- Apportionment of
liabilities in case
of contributory

"court" means, in relation to any claim, the court or negligence.
arbitrator bv or before whom the claim falls to be
determined;

"damage" includes loss of life and personal injury;

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 244) Law Reform (Miscellaneous
Provisions)

Cap. 78.

Cap. 166.

"fault" means negligence, breach of statutory duty or
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.

(2) Where any person suffers damage as the result partly
of his own fault and partly of the fault of any other person,
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
defences 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.

(3) Where damages are recoverable by any person by
virtue of the foregoing subsection subject to any 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.

(4) Where any person dies as the result partly of his
own fault and partly of the fault of any other person or per-
sons, and accordingly, if an action were brought for the
benefit of the estate under section 2 of the Causes of Action
(Survival) Act, the damages recoverable would be reduced
under subsection (2), any damages recoverable in an action
brought for the benefit of the wife, husband, parent or child
of the deceased person under the Fatal Accidents Act shall
be reduced to a proportionate extent.

(5) Where, in any case to which subsection (2) applies,
one of the persons at fault avoids liability to any other such
person or his personal representative by pleading any enact-
ment limiting the time within which proceedings may be

LAWS OF ANTIGUA AND BARBUDA

Law Reform (Miscellaneous (CAP. 244 3
Provisions)

taken, he shall not be entitled to recover any damages or
contributions from that other person or representative by
virtue of the said subsection.

(6) Where any case to which subsection (2) 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) Article 21 of the Convention contained in the First :.2&.23 Gee. V
Schedule to the Carriage by Air Act, 1932, (which empowers
a Court to exonerate wholly or partly a carrier who proves
that the damage was caused by or contributed to by the
negligence of the injured person) shall have effect subject
to the provisions of this section.

3. Section 2 shall not apply- Savings for Maritime
Convention Act, (a) to any claim to which section 1 of the Maritime 1911, and past

Conventions Act, 191 1, applies, and that Act shall have cases.
1 & 2 Geo. V.

effect as if this Act had not been passed; or C. 57.

( b ) to any case where the acts or omissions giving
rise to the claim occurred before the passing of this Act.

4. (1) The doctrine of common employment at com- Abolition of
doctrine of

mon law is hereby abolished, and it shall not be a defence co,,o,
to an action against a defendant for damages in respect of employment.
personal injuries caused by the wrongful act, neglect or
default of a person employed by the defendant, that that per-
son was at the time of the occurrence which caused the
injuries in common employment with the plaintiff.

(2) Every provision in a contract of service or appren-
ticeship, or in an agreement collateral thereto (including a
contract or agreement entered into before the commence-
ment of this Act) is void in so far as it had the effect of
excluding or limiting any liability of the employer in respect
of personal injuries caused to the person employed or
apprenticed by the wrongful act, neglect or default of any
person in common employment with him.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 244) Law Reform (Miscellaneous
Provisions)

Liability of
owner of dog for
injury to
persons, poultry
and small stock.

(3) In this section, "personal injuries" includes any
disease and any impairment of a person's physical or men-
tal condition.

(4) This section binds the Crown.

5. (1) In this section-

"poultry' ' means domestic fowls, turkeys, geese, ducks
and guinea fowls;

"small stock" means calves, heifers, sheep, goats and
swine.

(2) The owner of a dog shall be liable in damages for
injury done to any person, poultry or small stock by that
dog; and it shall not be necessary for the person seeking such
damages to show a previous mischievous propensity in the
dog, or the owner's knowledge of such previous propensity,
or to show that the injury was attributable to neglect on the
part of the owner.

(3) Where any such injury has been done by a dog,
the occupier of any house or premises where the dog was
kept or permitted to live or remain at the time of the injury
shall be presumed to be the owner of the dog, and shall be
liable for the injury unless he proves that he was not the
owner of the dog at that time:

Provided that where there are more occupiers than one
in any house or premises let in separate apartments, or lodg-
ings, or otherwise, the occupier of that particular part of
the house or premises in which the dog has been kept or
permitted to live or remain at the time of the injury shall
be presumed to be the owner of the dog.

Related Laws

2000 Torts Act