Law Reform (Contributory Negligence) Act

Link to law: http://www.moj.gov.jm/laws/law-reform-contributory-negligence-act
Published: 1951-12-28

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partly of his own fault and partly of the fault of any other
person or persons, a daim 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 respact thereof
shall be reduced to such extent as the court t h i s just and

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LAW REFORh4 (CONTRIBUTORY NEGLIGENCE) 1

THE LAW REFORM (CONTRIBUTORY
NEGLIGENCE) ACT

VSth December. 1951.1

Cap. 213.

1. This Act may be cited as the Law Reform (Con- short tiua
tributory Negligence) Act.

2. In this Act- lalmreta-
tion. “court” means, in relation to any claim, the court or

arbitrator by or before whom the claim falls to be
determind

“damage” includes personal injury;
“dependant” means any person for whose benefit an action,

could be brought under the Fatal Accidents Act;
“fault” means negligence, breach of statutory duty of other;

act or omission which gives rise to a liability in tort1
or would, apart from this Act, give rise to the defence1
of contributory negligence.

2 LAW REFORM (CONTRIBUTORY NEGLIGENCE)

(b) where any contract or enactment providing for
the limitation of liability is applicable to the claim,
the amount of damages recoverable by the claim-
ant by virtue of this subsection shall not exceed
the maximum limit so applicable.

(2) Where damages are recoverable by any person by
virtue 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) Section 3 of the Law Reform (Tort-Feasors) Act,
(which relates to proceedings against, and contribution
between, joint and several tort-feasors), shall apply m any
case where two or more persons are liable or would, if
they had all been sued, be liable by virtue of subsection
(1) in respect of the damage suffered by any person.

(4) Where any person dies as the result partly of
his own fault and partly of the fault of any other person or
persons, and accordingly if such person had not died and
an action were brought by him the damages recoverable
would be reduced under subsection (I), any damages
recoverable in an action brought for the benefit of the
dependants of that person under the Fatal Accidents Act,
shall be reduced to a proportionate extent.

(3 Where, in any case to which subsection (1) applies,
one of the persons at fault avoids liability to any other such
p s o n by pleading the Limitation of Actions Act, or any
other enactment limiting the time within which pmceedings
may be taken, he shall not be entitled to recover any
damages or contributions from that other person by virtue
of the said subsection.

(6) Where any case to which subsection (1) applies
is tried with a jury, the jury shall determine the total
damages which would have been recovwable if the claimant

me indusion of this page is authorized by LN. 480/19731

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LAW REFORM (CONTRIBUTORY NEGLIGENCE) 3

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 22 & 23
First Schedule of the Carriage by Air Act, 1932 (United
Kingdom) as adapted, modified and extended to this Island (" K.)
by the Carriage by Air (Colonies, Protectorates and Man-
dated Territories) Order, 1934 (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 provi-
sions of this section.

4.-(1) This Act shall not apply to any claim to which
section 1 of the Maritime Conventions Act, 1911 (United
Kingdom) applies and that Act shall have effect as if this
Act had not been enacted.

(2 ) This Act shall not apply to any case where the
acts or omissions giving rise to the claim occurred before
the commencement of this Act.

Geo. 5
36.

me inclusion of this page is authorized by LN. 480/1973]
Read Entire Law on www.moj.gov.jm