Section 8, The Law Reform (Law short title

(1) Where any person sufers damage as the result partly Apportionof his own fault and partly of the fault of any other person or ment of persons, a claim in respect of that damage shall not be defeated liability in by reason of the fault of the person suflering the damage, but contributory the damages recoverable in respect thereof shall be reduced to negligence. such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage: (a) this subsection shall not operate to defeat any defence arising under a contract ; A232 Cap. 116. P.N. 94 of 1951. No. 33 luv Reform (Luw of Tort) 1961 (b) where any contract or cnactment proVIding for the limitation of liabilily is applicable to the claim, the amount of damages recoverable by the claimant byvirtue of this subsection shall not excecd the maximum limit so applicable. (2) Where damages are recoverablc by any person by virtuc of the foregoing subsection subjvct to such reduction as is therein mentioncd, the court shall find and record the total damages which would have becn rccoverable if the claimant had not beern at fault. (3) Part IV of this Ordinance shall apply in any case where two or more persons are liable or would, if they had all been sucd, 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 the Law Reform (Miscellaneous Provisions) Ordin ance the damages recoverable would be reduced under sub section (1) of this section, any damages recoverable in an action brought for the benefit of the dependants of that person under the Fatal Accidents Act, 1846 and the Fatal Accidents Act, 1864, shall be reduced to a proportionate extent. (6) 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 sha!l not be entitled to recover any damages or contri butions from that other person or representative by virtue of the said subsection. (6) Article 21 of the Convention contained in the First Schedule to the Carriage by Air Act, 1932 (which empowers a court tO exonerate wholly or party 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 provisions of this section. (7) In this section, 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: dependant " means any person for whose benefit an action could be brought under the Fatal Accidents Act, 1846 and the Fatal Accidents Act, 1864; *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 Ordinance, give rise to the defence of contributory negligence. No. 33 Law Reform (Luw of Tort) 1961