4Apportionment of liability in case of contributory negligence

### 4 Apportionment of liability in case of contributory negligence > > (1)  [*\[Section 4 Subsection (1) amended by No. 41 of 2003, s. 11, Applied:04 Jul 2003\]*](/view/html/inforce/2003-07-04/act-2003-041#GS11@EN) [*\[Section 4 Subsection (1) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000\]*](/view/html/inforce/2000-06-29/act-2000-039#GS8@Hpc@EN) [*\[Section 4 Subsection (1) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000\]*](/view/html/inforce/2000-06-29/act-2000-039#GS8@Hpb@EN) [*\[Section 4 Subsection (1) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000\]*](/view/html/inforce/2000-06-29/act-2000-039#GS8@Hpa@EN) 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)  [*\[Section 4 Subsection (2) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000\]*](/view/html/inforce/2000-06-29/act-2000-039#GS8@Hpd@EN) Where damages are recoverable by a person by virtue of [subsection (1)](#GS4@Gs1@EN) 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](#GS3@EN) 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)](#GS4@Gs1@EN) of this section in respect of the damage suffered by any person. > > > (4)  [*\[Section 4 Subsection (4) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000\]*](/view/html/inforce/2000-06-29/act-2000-039#GS8@Hpf@EN) [*\[Section 4 Subsection (4) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000\]*](/view/html/inforce/2000-06-29/act-2000-039#GS8@Hpe@EN) *\[Section 4 Subsection (4) amended by No. 99 of 1982, s. 3 and Sched. 2 \]*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 [Administration and Probate Act 1935](/view/html/inforce/2026-04-12/act-1935-038) the damages recoverable would be reduced under [subsection (1)](#GS4@Gs1@EN) of this section, any damages recoverable in an action brought for the benefit of the dependants of the person under the [Fatal Accidents Act 1934](/view/html/inforce/2026-04-12/act-1934-030) shall be reduced to a proportionate extent. > > > (5)  [*\[Section 4 Subsection (5) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000\]*](/view/html/inforce/2000-06-29/act-2000-039#GS8@Hpg@EN) Where, in a case to which [section three](#GS3@EN) or [subsection (1)](#GS4@Gs1@EN) of this section applies, one of the persons who committed a wrongful act or his personal representative avoids liability to another person or his personal representative by pleading any enactment limiting the time within which proceedings may be taken, he is not entitled to recover damages or contribution from that other person or personal representative. > > > (6)  [*\[Section 4 Subsection (6) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000\]*](/view/html/inforce/2000-06-29/act-2000-039#GS8@Hph@EN) Where a case to which [subsection (1)](#GS4@Gs1@EN) of this section applies is tried with a jury, the jury shall determine the total damages that, apart from any limitation of liability provided by any contract or prescribed by any enactment or any limitation of the jurisdiction of the court, would have been recoverable if there had been no wrongful act by the claimant and the extent to which those damages are to be reduced. > > > (7)  [*\[Section 4 Subsection (7) amended by No. 39 of 2000, s. 8, Applied:29 Jun 2000\]*](/view/html/inforce/2000-06-29/act-2000-039#GS8@Hpi@EN) A reference in this section to the wrongful act of a person shall be construed as including a reference to a wrongful act for which that person is vicariously liable. > > > (8)  This section has effect notwithstanding anything contained in any enactment passed before the commencement of this Act whereby a person is debarred from recovering damages or from taking an action for the recovery of damages in respect of any damage or injury that he caused, or to which he contributed, by his own negligence.