LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 - SECT 2 Apportionment of liability in tort where more than one person is at fault.

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LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 - SECT 2

Apportionment of liability in tort where more than one person is at fault.

2.(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 sub-section 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 sub-section shall not exceed the maximum limit so
applicable.

(2) Where damages are recoverable by any person by virtue of the preceding
sub-section 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.

Subs.(3) rep. by 1978 c.47 s.9(2) sch.2; subs.(4) rep. by 1977 NI18 art.8(2)
sch.2

(5) Where, in any case to which sub-section (1) of this section applies, one
of the persons at fault or his personal representative 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... from that other person or representative by
virtue of the said sub-section.

(6) Where any case to which sub-section (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.

Subs.(7) rep. by 1961 c.27 s.14(3) sch.2

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Northern Irish Legislation

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 - SECT 2