Contributory negligence

(1) In this section, “court” means, in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined; 8 “fault” means negligence, breach of statutory duty or other 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 (2) 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 defences arising under a contract; (b) where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of recoverable by the claimant by virtue of this subsection shall not exceed the maximum limit so applicable. (3) Where damages are recoverable by any person by virtue of subsection (2) of this 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. (4) Section 5 of this Act (which relates to proceedings tortfeasors) shall apply in any case where two or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (2) of this section in respect of the damages suffered by any person. 9 (5) 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 section 26 (4) of the Administration of Estates Act, Cap. 197, the damages recoverable would be reduced under subsection (2) of this section, any damages recoverable in an action brought for the benefit of the wife or husband, parent and child of the person under sections 9 and 10 of this Act, shall be reduced to a proportionate extent. (6) Where, in any case to which subsection (2) of this section applies, one of the persons at fault avoids liability to any other such person or his personal representative by pleading the Limitation Act, Cap. 170, or any other 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 the said subsection. (7) Where any case to which subsection (2) 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. (8) Article 21 of the Convention contained in the First Schedule to the Carriage by Air Act, 1932, c. 36, (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 provisions of this section.