4Apportionment of liability in case of contributory negligence

4 Apportionment of liability in case of contributory negligence

(1)  [Section 4 Subsection (1) amended by No. 41 of 2003, s. 11, Applied:04 Jul 2003] [Section 4 Subsection (1) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000] [Section 4 Subsection (1) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000] [Section 4 Subsection (1) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000] Where a person suffers damage as the result partly of that person's wrongful act and partly of the wrongful act of any other person, a claim in respect of that damage is not defeated by reason of the wrongful act of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent up to 100% as the court thinks just and equitable, having regard to the claimant's share in the responsibility for the damage; but–

(a) this subsection does not operate to defeat a defence arising under a contract; and

(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)  [Section 4 Subsection (2) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000] Where damages are recoverable by a person by virtue of subsection (1) of this section subject to such a reduction as is mentioned in that subsection, the court shall find and record the total damages that would have been recoverable if there had been no wrongful act by the claimant.

(3)  Section three applies in any case where two or more persons are liable or would, if they had all been sued by the person by whom the damage was suffered at the time when the cause of action arose, have been liable by virtue of subsection (1) of this section in respect of the damage suffered by any person.

(4)  [Section 4 Subsection (4) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000] *[Section 4 Subsection (4) amended by No. 99 of 1982, s. 3 and Sched. 2 ]*Where a person dies as a result partly of that person's wrongful act and partly of the wrongful act of any other person, and accordingly if an action were brought for the benefit of the estate under the the damages recoverable would be reduced under of this section, any damages recoverable in an action brought for the benefit of the dependants of the person under the shall be reduced to a proportionate extent.