Law Reform
(Contributory Negligence) Act, 1945.
This subsection shall apply, with the necessary adaptations, in any case where compensation is recoverable under a scheme certified or made under the Workmen’s Compensation Acts, 1925 to 1943, or under the Workmen’s Compensation and Benefit (Byssinosis) Act, 1940, if the scheme applies section twenty-nine of the Workmen’s Compensation Act, 1925, or contains any provision similar to that section.
(2) Where a workman or his personal representative or dependant has recovered compensation under the Workmen’s Compensation Acts, 1925 to 1943, or under any scheme certified under the Workmen’s Compensation Act, 1925, in respect of an injury caused under circumstances which would give a right to recover reduced damages in respect thereof by virtue of section one of this Act from some person other than the employer (hereinafter referred to as “the third party”), any right conferred by section thirty of the Workmen’s Compensation Act, 1925, on the person by whom the compensation was paid, or on any person called on to pay an indemnity under section six of that Act, to be indemnified by the third party shall be limited to a right to be indemnified in respect of such part only of the sum paid or payable by the said person as bears to the total sum so paid or payable the same proportion as the said reduced damages bear to the total damages which would have been recoverable if the workman had not been at fault.
Saving for Maritime Conventions Act, 1911, and past cases.
1 & 2 Geo. 5. c. 57.
3.—(1) This Act shall not apply to any claim to which section one of the Maritime Conventions Act, 1911, applies and that Act shall have effect as if this Act had not passed.
(2) This Act shall not apply to any case where the acts or omissions giving rise to the claim occurred before the passing of this Act.
Interpretation. 4. The following expressions have the meanings hereby respectively assigned to them, that is to say—
- “court” means, in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined;
- “damage” includes loss of life and personal injury;
- “dependant” means any person for whose benefit an action could be brought under the Fatal Accidents Acts, 1846 to 1908;
- “employer” and “workman” have the same meaning as in the Workmen’s Compensation Act, 1925, as amended by any subsequent enactment;
- “fault" means negligence, breach of statutory duty or other act or omission which gives rise to a liability in tort or would, apart from this Act, give rise to the defence of contributory negligence;
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