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LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1965 - SECT 9
Apportionment of liability in cases of contributory negligence
(1) If a person (the
"claimant" ) suffers damage as the result partly of the claimant's failure to
take reasonable care (
"contributory negligence" ) and partly of the wrong of any other person: (a) a
claim in respect of the damage is not defeated by reason of the
contributory negligence of the claimant, and
(b) the damages recoverable in
respect of the wrong are to 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.
(2) Subsection (1) does not operate to defeat any defence arising
under a contract.
(3) If 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 subsection (1) is not to exceed the
maximum limit so applicable.
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