Law Reform (Personal Injuries) Act 1949

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AT 3 of 1949

LAW REFORM (PERSONAL INJURIES) ACT

1949

Law Reform (Personal Injuries) Act 1949 Index


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LAW REFORM (PERSONAL INJURIES) ACT 1949

Index Section Page

1 Common employment ................................................................................................... 5
2 Measure of damages ....................................................................................................... 5
3 Definition of “personal injury” ..................................................................................... 6
4 Application to Crown..................................................................................................... 6
5 Short title .......................................................................................................................... 6
6 Commencement .............................................................................................................. 6
ENDNOTES 7

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

Law Reform (Personal Injuries) Act 1949 Section 1


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LAW REFORM (PERSONAL INJURIES) ACT 1949

Received Royal Assent: 28 January 1949
Passed: 16 February 1949
Commenced: 16 February 1949
AN ACT
to abolish the defence of common employment, to amend the law
relating to the measure of damages for personal injury or death, and for
purposes connected therewith.
1 Common employment

(1) It shall not be a defence to an employer who is sued in respect of
personal injuries caused by the negligence of a person employed by him,
that that person was, at the time the injuries were caused, in common
employment with the person injured.
(2) [Repealed]1

(3) Any provision contained in a contract of service or apprenticeship, or in
an agreement collateral thereto, (including a contract or agreement
entered into before the commencement of this Act), shall be void in so far
as it would have 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 negligence of persons in common employment
with him.
2 Measure of damages

(1) and (1A) [Repealed]2

(2) [Repealed]3

(3) [Repealed]4

(4) In an action for damages for personal injuries (including any such action
arising out of a contract), there shall be disregarded, in determining the
reasonableness of any expenses, the possibility of avoiding those
expenses, or part of them, by taking advantage of facilities available
Section 3 Law Reform (Personal Injuries) Act 1949


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under the National Health Service Act 2001, or of any corresponding
facilities in the United Kingdom or any part thereof.5

(5) [Repealed]6

(6) [Repealed]7

3 Definition of “personal injury”

In this Act, the expression “personal injury”
includes any disease and any
impairment of a person’s physical or mental condition, and the expression
“injured” shall be construed accordingly.
4 Application to Crown

This Act shall bind the Crown.
5 Short title

(1) This Act may be cited as the Law Reform (Personal Injuries) Act, 1949.
(2) Section one and subsection (1) of Section two of this Act shall apply only
where the cause of action accrues on or after the 5th day of July, one
thousand, nine hundred and forty-eight, but subsections (4) and (5) of
the said section two shall apply whether the cause of action accrued or
the action was commenced before or after the commencement of this Act.
6 Commencement

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 (Personal Injuries) Act 1949 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (2) repealed by Statute Law Revision Act 1983 Sch 2. 2
Subss (1) and (1A) repealed by Social Security (Recovery of Benefits) Act 1997 (of
Parliament) Sch 3 as applied by SD494/97. 3
Subs (2) repealed by GC422/89. 4
Subs (3) repealed by Social Security (Recovery of Benefits) Act 1997 (of Parliament)
Sch 3 as applied by SD494/97. 5
Subs (4) amended by National Health Service Act 2001 Sch 4. 6
Subs (5) repealed by Fatal Accidents Act 1961 Sch. 7
Subs (6) repealed by Social Security (Recovery of Benefits) Act 1997 (of Parliament)
Sch 3 as applied by SD494/97.