South Australian Current Acts
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CIVIL LIABILITY ACT 1936
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
2. Act to bind the Crown
3. Interpretation
4. Application of Act
PART 3--Liability for animals
18. Liability for animals
PART 4--Occupiers liability
19. Interpretation
20. Occupier's duty of care
21. Landlord's liability limited to breach of duty to repair
22. Exclusion of conflicting common law principles
PART 5--Wrongful acts or neglect causing death
23. Liability for death caused wrongfully
24. How to bring action etc
25. Restriction of actions and time of commencement
26. Particulars of person for whom damages claimed
27. Provision where no executor or administrator or action not commenced within 6 months
28. Liability to parents of person wrongfully killed
29. Liability to surviving spouse or domestic partner of person wrongfully killed
30. Further provisions as to solatium etc
PART 6--Negligence
Division 1--Duty of care
31. Standard of care
32. Precautions against risk
33. Mental harm--duty of care
Division 2--Causation
34. General principles
35. Burden of proof
Division 3--Assumption of risk
36. Meaning of obvious risk
37. Injured persons presumed to be aware of obvious risks
38. No duty to warn of obvious risk
39. No liability for materialisation of inherent risk
Division 4--Negligence on the part of persons professing to have a particular skill
40. Standard of care to be expected of persons professing to have a particular skill
41. Standard of care for professionals
Division 5--Liability of road authorities
42. Liability of road authorities
Division 6--Exclusion of liability for criminal conduct
43. Exclusion of liability for criminal conduct
PART 7--Contributory negligence
44. Standard of contributory negligence
45. Contributory negligence in cases brought on behalf of dependants of deceased person
46. Presumption of contributory negligence where injured person intoxicated
47. Presumption of contributory negligence where injured person relies on care and skill of person known to be intoxicated
48. Evidentiary provision relating to intoxication
49. Non-wearing of seatbelt etc
50. How case is dealt with where damages are liable to reduction on account of contributory negligence
PART 8--Damages for personal injury
51. Application of this Part
52. Damages for non-economic loss
53. Damages for mental harm
54. Damages for loss of earning capacity
55. Lump sum compensation for future losses
56. Exclusion of interest on damages compensating non-economic loss or future loss
56A. Additional provisions relating to motor vehicle injuries (economic loss)
57. Exclusion of damages for cost of management or investment
58. Damages in respect of gratuitous services
58A. Limitations on damages for participants in lifetime support scheme
58B. Additional provisions relating to death on account of a motor vehicle injury
PART 9--Miscellaneous
Division 1--Rights as between employer and employee
59. Rights as between employer and employee
Division 2--Remedies against certain shipowners
60. Remedy against shipowners and others for injuries
Division 3--Damage by aircraft
61. Damage by aircraft
62. Exclusion of liability for trespass or nuisance
Division 4--Abolition of rule of common employment
63. Abolition of rule of common employment
Division 5--Actions in tort relating to spouses and domestic partners
64. Abolition of rule as to unity of spouses
65. Spouse or domestic partner may claim for loss or impairment of consortium
66. Damages where injured spouse or domestic partner participated in business
Division 6--Limitation on the award of damages for the costs of raising a child
67. Limitation on the award of damages for the costs of raising a child
Division 7--Abolition of actions of seduction, enticement and harbouring
68. Abolition of actions for enticement, seduction and harbouring
Division 8--Unreasonable delay in resolution of claim
69. Definitions
70. Damages for unreasonable delay in resolution of a claim
71. Regulations
Division 9--Liability for perjury in civil actions
72. Liability for perjury in civil actions
Division 10--Racial victimisation
73. Racial victimisation
Division 11--Good samaritans
74. Good samaritans
Division 11A--Food donors and distributors
74A. Food donors and distributors
Division 12--Effect of apology on liability
75. Effect of apology on liability
Division 12A--Exclusion of civil liability where Crown publishes certain information
75A. Exclusion of civil liability where Crown publishes certain information
Division 13--Regulations
76. Assessment of motor vehicle injuries
77. Regulations--general provisions
Legislative history
The Parliament of South Australia enacts as
follows:
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