This Act may be cited as the Contributory Negligence Act 1947.
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Interpretation
In this Act, unless the context otherwise requires,—
Court, in relation to any claim, means the Court or arbitrator by or before whom the claim falls to be determined
Damage includes loss of life and personal injury
Dependant means any person for whose benefit an action could be brought under the Deaths by Accidents Compensation Act 1952
Dependant: the reference to the “Deaths by Accidents Compensation Act 1952” was substituted, as from 1 January 1953, for a reference to the “Deaths by Accidents Compensation Act 1908” by section 23(1) Deaths by Accidents Compensation Act 1952 (1952 No 35).
Employer and worker have the same meaning as in the Workers' Compensation Act 1956 as amended by any subsequent enactment
Employer and worker: a reference to the “Workers' Compensation Act 1956” was substituted, as from 1 April 1957, for a reference to the “Workers' Compensation Act 1922” by section 138(1) Workers' Compensation Act 1956 (1956 No 62).
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.
Compare: Law Reform (Contributory Negligence) Act 1945, s 4 (UK)
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Apportionment of liability in case of contributory negligence
(1)
Where any person suffers damage as the result partly of his own fault and partly 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 last preceding 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)
Section 17 of the Law Reform Act 1936 (which relates to proceedings against, and contribution between, joint and several tortfeasors) shall apply in any case where 2 or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (1) of this section 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 an action were brought for the benefit of the estate under Part 1 of the Law Reform Act 1936 the damages recoverable would be reduced under subsection (1) of this section, any damages recoverable in an action brought for the benefit of the dependants of that person under the Deaths by Accidents Compensation Act 1952 shall be reduced to a proportionate extent.
(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 personal representative by pleading any enactment limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages or contributions from that other person or representative by virtue of that subsection.
(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]
Compare: Law Reform (Contributory Negligence) Act 1945, s 1 (UK)
The reference to the “Deaths by Accidents Compensation Act 1952” in subsection (4) was substituted, as from 1 January 1953, for a reference to the “Deaths by Accidents Compensation Act 1908” by section 23(1) Deaths by Accidents Compensation Act 1952 (1952 No 35).
Subsection (7) was repealed, as from 14 June 1967, by section 14 Carriage by Air Act 1962 (1962 No 19).
Where, within the time limited for the taking of proceedings under the Workers' Compensation Act 1956, an action is brought to recover damages independently of that Act in respect of an injury or disease giving rise to a claim for compensation under that Act, and it is determined in that action that—
(a)
Damages are recoverable independently of that Act subject to such reduction as is mentioned in subsection (1) of section 3 of this Act; and
(b)
The employer would have been liable to pay compensation under the Workers' Compensation Act 1956,—
section 126 of the Workers' Compensation Act 1956 (which enables the Court, on the dismissal of an action to recover damages independently of that Act, to assess and award compensation under that Act) shall apply in all respects as if the action had been dismissed, and, if the claimant chooses to have compensation assessed and awarded in accordance with the said section 126, no damages shall be recoverable in the action.
(2)
[Spent]
(3)
Where a worker or his personal representative or dependant has recovered compensation under the Workers' Compensation Act 1956, or under any scheme certified under section 64 of that Act, in respect of an injury caused under circumstances which would give a right to recover reduced damages in respect thereof by virtue of section 3 of this Act from some person other than the employer (hereinafter referred to as the third party), any right conferred by section 125 of the Workers' Compensation Act 1956 on the person by whom the compensation was paid to be indemnified by the third party shall be limited to a right to be indemnified in respect of such part only of the sum paid or payable by the said person as bears to the total sum so paid or payable the same proportion as the said reduced damages bear to the total damages which would have been recoverable if the worker had not been at fault.
Compare: Law Reform (Contributory Negligence) Act 1945, s 2 (UK)
References to the “Workers' Compensation Act 1956” and section 126 of that Act in subsection one were substituted, as from 1 April 1957, for references to the “Workers' Compensation Act 1922” and section 52 of that Act by section 138(1) Workers' Compensation Act 1956 (1956 No 62).
Subsection (2) is omitted as spent, as it relates to schemes certified under section 64 Workers' Compensation Act 1922, and that section was repealed, as from 1 April 1949, by section 35(1) Workers Compensation Amendment Act 1947 (1947 No 58).
Subsection (3) was amended by section 12(2) Workers' Compensation Amendment Act 1949by omitting the words “or on any person called on to pay an indemnity under section thirteen of that Act”. See section 138(3) of the Workers' Compensation Act 1956 as to the saving of this amendment on the consolidation of the 1949 Act.
References to the “Workers' Compensation Act 1956” and section 126 of that Act in subsection three were substituted, as from 1 April 1957, for references to the “Workers' Compensation Act 1922” and section 52 of that Act by section 138(1) Workers' Compensation Act 1956 (1956 No 62).
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Saving for maritime rules and past cases
(1)
This Act shall not apply to any claim to which section 94 of the Maritime Transport Act 1994 applies, and that Act shall have effect in relation to every such claim as if this Act had not been 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.
Compare: Law Reform (Contributory Negligence) Act 1945, s 3 (UK)
The reference to section 468 Shipping and Seamen Act 1952, in the original subsection (1) was substituted, as from 19 November 1953, for a reference to section 2 Shipping and Seamen Amendment Act 1912 pursuant to section 515(1).
Subsection (1) was substituted, as from 1 February 1995, by section 203 Maritime Transport Act 1994 (1994 No 104). See regulation 2 of the Maritime Transport Act Commencement Order 1994 (SR 1994/272).
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Saving for claims in respect of death or injury of miners
This Act shall not apply to any proceedings under section 147 of the Coal Mines Act 1925, or section 205 of the Mining Act 1971.
The reference to “section 205 Mining Act 1971” was substituted, as from 1 April 1973, for a reference to “s 295 Mining Act 1926” by section 247(1) Mining Act 1971 (1971 No 25).
