Law Reform (Contributory Negligence) Act, 1946

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1946/1946-0003/LawReformContributoryNegligenceAct1946_1.pdf
Published: 2012-09-01

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Law Reform (Contributory Negligence) Act, 1946

c i e
AT 3 of 1946

LAW REFORM (CONTRIBUTORY

NEGLIGENCE) ACT, 1946

Law Reform (Contributory Negligence) Act, 1946 Index


c AT 3 of 1946 Page 3

c i e
LAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT,

1946

Index Section Page

1 Apportionment of liability in case of contributory negligence ................................ 5
2 [Repealed] ........................................................................................................................ 6
3 Saving for Maritime Conventions Act and past cases ............................................... 6
4 Interpretation ................................................................................................................... 6
5 Short title and extent ...................................................................................................... 6
6 Commencement of Act .................................................................................................. 6
ENDNOTES 7

TABLE OF LEGISLATION HISTORY 7
TABLE OF RENUMBERED PROVISIONS 7
TABLE OF ENDNOTE REFERENCES 7

Law Reform (Contributory Negligence) Act, 1946 Section 1


c AT 3 of 1946 Page 5

c i e
LAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT,

1946

Received Royal Assent: 26 June 1946
Passed: 5 July 1946
Commenced: 5 July 1946
AN ACT
to amend the law relating to contributory negligence and for purposes
connected therewith.
1 Apportionment of liability in case of contributory negligence

(1) Where any person suffers damage as the result partly of his own fault
and party 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) [Repealed]1

(4) [Repealed]2

(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
Section 2 Law Reform (Contributory Negligence) Act, 1946


Page 6 AT 3 of 1946 c

personal representative by pleading the Limitation Act 1984, or any other
enactment limiting the time within which proceedings may be taken, he
shall not be entitled to recover any damages from that other person or
representative by virtue of the said subsection.3

(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) [Repealed]4

2 [Repealed]
5

3 Saving for Maritime Conventions Act and past cases

(1) This Act shall not apply to any claim to which section one of the
Maritime Conventions Act, 1911 (of the Imperial Parliament), applies
and that Act shall have effect as if this Act had not passed.
(2) This Act shall not apply to any case where the acts or omissions giving
rise to the claim occurred before the passing of this Act.
4 Interpretation

The following expressions have the meanings hereby respectively assigned to
them, that is to say —
“court
” means, in relation to any claim, the court or arbitrator by or before
whom the claim falls to be determined;
“damage
” includes loss of life and personal injury;
“dependent
” [Repealed]6

“employer
” and “workman
” [Repealed]7

“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.
5 Short title and extent

This Act may be cited as the Law Reform (Contributory Negligence) Act, 1946.
6 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
Law Reform (Contributory Negligence) Act, 1946 Endnotes


c AT 3 of 1946 Page 7

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (3) repealed by Civil Liability (Contribution) Act 1981 Sch 2. 2
Subs (4) repealed by Fatal Accidents Act 1981 Sch 2. 3
Subs (5) amended by Civil Liability (Contribution) Act 1981 Sch 2 and by Limitation
Act 1984 Sch 3. 4
Subs (7) repealed by Statute Law Revision Act 1989 Sch 2. 5
S 2 repealed by National Insurance (Industrial Injuries) (Isle of Man) Act 1948 Sch 5. 6
Definition of ‘dependent’ repealed by Fatal Accidents Act 1981 Sch 2. 7
Definitions of ‘employer’ and ‘workman’ repealed by National Insurance (Industrial
Injuries) (Isle of Man) Act 1948 Sch 5.