Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 105

Pleading of statutory limitation period—contributory negligence

    (1)     This section applies to a case to which section 102 (Apportionment of liability—contributory negligence) applies if—

        (a)     the claimant suffered damage partly because of the wrong of 2 or more people; and

        (b)     1 of those people avoids liability to another of those people (or his or her personal representative) by pleading a statutory limitation period on the time within which proceedings can be taken.

    (2)     The person who avoids liability is not entitled to recover damages or contribution from the other person (or his or her personal representative) because of section 102.



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