CHAPTER
82
TORTFEASORS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Proceedings against and contribution between
joint and several tortfeasors. |
Amount of contribution recoverable. |
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CHAPTER 82 |
TORTFEASORS |
An Act to
amend the law relating to proceedings against, and contribution between
tortfeasors. | 2 of 1995 |
[Assent 10th
February, 1995]
[Commencement 13th February, 1995] |
1. This Act may be cited as the Tortfeasors Act, 1995. | Short title. |
2. (1) In this Act- | Interpretation. |
"dependants"
means the wife, husband, parent or child of a deceased person or who is, or
is the issue of, a brother, sister, uncle or aunt of a deceased person; |
"tortfeasor"
means a person who commits a wrong or breach of duty, arising independently of
contract, committed as regards the personal or proprietary rights of a person. |
(2) The reference
in this Act to "the judgment first given" shall, in a case where that
judgment is reversed on appeal, be construed as a reference to the judgment
first given which is not so reversed and, in a case where a judgment is varied
on appeal, be construed as a reference to that judgment as so varied. |
3. Where damage is suffered by any person as a result of
a tort (whether a crime or not)- | Proceedings against and contribution between joint and
several tortfeasors. |
(a) judgment
recovered against any tortfeasor liable in respect of that damage shall not be
a bar to an action against any other person who would, if sued, have been
liable as a joint tortfeasor in respect of the same damage; |
(b) if more
than one action is brought in respect of that damage by or on behalf of the
person by whom it was suffered, or for the benefit of the estate, or of the
dependants of that person, against tortfeasors liable in respect of the damage
(whether as joint tortfeasors or otherwise) the sums recoverable under the
judgments given in those actions by way of damages shall not in the aggregate
exceed the amount of the damages awarded by the judgment first given; and in
any of those actions, other than that in which judgment is first given, the
plaintiff shall not be entitled to costs unless the court is of the opinion
that there was reasonable ground for bringing the action; |
(c) any
tortfeasor liable in respect of that damage may recover contribution from any
other tortfeasor who is, or would if sued have been, liable in respect of the
same damage, whether as a joint tortfeasor or otherwise, so, however, that no
person shall be entitled to recover contribution under this Act from any person
entitled to be indemnified by him in respect of the liability in respect of
which the contribution is sought. |
4. In any proceedings for contribution under this Act
the amount of the contribution recoverable from any person shall be such as may
be found by the court to be just and equitable having regard to the extent of
that person's responsibility for the damage. | Amount of contribution recoverable. |
5. In any proceedings for contribution under this Act
the court shall have power- | Powers of the court. |
(a) to exempt
any person from liability to make contribution; or |
(b) to direct
that the contribution to be recovered from any person shall amount to a
complete indemnity. |
6. Nothing in this Act shall- | Application of Act. |
(a) apply with
respect to any tort committed before the commencement of this Act; |
(b) affect any
criminal proceedings against any person in respect of any wrongful act; or |
(c) render
enforceable any agreement for indemnity which would not have been enforceable
if this Act had not been passed. |
7. This Act binds the Crown. | Application to Crown. |