s.8Apportionment of liability where plaintiff partly at fault
8
Section 8Part 4 — Contributory Negligence

Apportionment of liability where plaintiff partly at fault

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Where any person suffers damage as the result partly of that person’s own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall 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:
this subsection shall not operate to defeat any defence arising under a contract;
where 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 this subsection shall not exceed the maximum limit so applicable.
Where damages are recoverable by any person by virtue of subsection (1), subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.
Section 6 applies in any case where two or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (1) in respect of the damage suffered by any person.
Where any person dies as the result partly of that person’s own fault and partly of the fault of any other person or persons, and, accordingly, if such person had not died and an action were brought by such person the damages recoverable would be reduced under subsection (1), any damages recoverable in an action brought for the benefit of the dependants of that person under Part 2 shall be reduced to a proportionate extent.
Where, in any case to which subsection (1) applies, one of the persons at fault avoids liability to any other such person by pleading any enactment limiting the time within which proceedings may be taken, that person shall not be entitled to recover any damages or contributions from that other person by virtue of that subsection.
Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the total damages which would have been recoverable if the claimant had not been at fault and the extent to which those damages are to be reduced.
Article 21 of the Convention contained in the First Schedule of the Carriage by Air Act, 1961 [UK 1961 C 27] as adapted, modified and extended to the Islands (which empowers a court to exonerate wholly or partly a carrier who proves that the damage was caused by or contributed by the negligence of the injured person) shall have effect subject to this section.

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